Florida District Courts of Appeal, 2000

Mel Smith, Inc. v. St. Catherine Laboure Manor, Inc.

Mel Smith, Inc. v. St. Catherine Laboure Manor, Inc.
Florida District Courts of Appeal · Decided March 9, 2000 · Booth, Ervin, Wolf
752 So. 2d 1253; 2000 Fla. App. LEXIS 2613; 2000 WL 256036 (Southern Reporter, Second Series)

Mel Smith, Inc. v. St. Catherine Laboure Manor, Inc.

Opinion of the Court

PER CURIAM.

This is an appeal of an order denying appellant’s motion to stay arbitration. Ini*1254tially, we deny appellee’s motion to dismiss the appeal. The order was properly ap-pealable as a non-final order because it determined appellee’s entitlement to proceed with arbitration. See Fla. R.App. P. 9.130(a)(3)(C)(v).

On the merits, we agree that the trial court correctly decided that appellee did not waive its demand for arbitration.

AFFIRMED.

ERVIN, BOOTH and WOLF, JJ., CONCUR.

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