Florida District Courts of Appeal, 2006

Arrate v. Volkswagen of America, Inc.

Arrate v. Volkswagen of America, Inc.
Florida District Courts of Appeal · Decided March 17, 2006 · Kelly, Larose, Wallace
932 So. 2d 363; 2006 Fla. App. LEXIS 3724; 2006 WL 662188 (Southern Reporter, Second Series)

Arrate v. Volkswagen of America, Inc.

Opinion of the Court

PER CURIAM.

This is an appeal from a final judgment dismissing, with prejudice, a civil suit concerning the purchase of an allegedly defective automobile. The trial court concluded that the dispute was subject to mandatory arbitration.

The appellee now concedes error and recognizes that arbitration was not mandatory and that the action should proceed in the trial court.

Accordingly, we vacate the final judgment, and we remand the case for further proceedings in the trial court.

Vacated and remanded.

KELLY, WALLACE, and LaROSE, JJ., Concur.

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