AMERICAN HEALTH ASS'N, INC. v. HELPRIN

No. 77-2010.

357 So.2d 204 (1978)

AMERICAN HEALTH ASSOCIATION, INC., a Florida Corporation, and William H. Zibell, Appellants, v. Herbert HELPRIN, an Individual, Health Association of Pembroke Pines, Inc., a Florida Corporation, and Lee Stuart, an Individual, Appellees.

District Court of Appeal of Florida, Fourth District.

March 21, 1978.


Attorney(s) appearing for the Case

Coleman R. Rosenfield of Graham, Hodge, Swan & Larson, Fort Lauderdale, for appellants.

Kim Douglas Sherman of Edwards, Dubner, Sherman & Rayson, Fort Lauderdale, for appellees Helprin and Health Association of Pembroke Pines, Inc.


LETTS, Judge.

The opinion filed February 21, 1978, is herewith withdrawn.

The ruling of the trial court denying the motion to dismiss, filed by the appellant at the trial level, is affirmed.

The basis for said motion was that the trial court lacked jurisdiction over the person, because the disputed contract contained a clause for arbitration prior to any lawsuit.1 The appellee below argued that even if such were so, the...

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