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MARTHAME SANDERS & CO. v. 400 WEST MADISON CORP.

No. 81-999.

401 So.2d 1145 (1981)

MARTHAME SANDERS & COMPANY, a Foreign Corporation, Petitioner, v. 400 WEST MADISON CORPORATION, a Florida Corporation, Norman E. Murphy and Sarah S. Murphy, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 28, 1981.

Attorney(s) appearing for the Case

Patricia H. Thompson of Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, P.A., Miami, for petitioner.

Bennett S. Cohn of Law Offices of Bennett S. Cohn, Lake Worth, for respondents.

MOORE, Judge.

By a petition for writ of certiorari, the petitioner seeks review of an order granting respondents' motion to compel arbitration and stay proceedings. The petitioner contends that the trial court erred in compelling arbitration because the respondents waived their right to arbitration by filing an answer to petitioner's complaint in the trial court and participating in the trial court proceedings. Certiorari is granted and the order compelling arbitration...

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