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RINKER PORTLAND CEMENT CORP v. SEIDEL

No. 82-627.

414 So.2d 629 (1982)

RINKER PORTLAND CEMENT CORPORATION, Petitioner, v. William D. SEIDEL, Trustee of F.C.M. Corporation, Respondent.

District Court of Appeal of Florida, Third District.

June 1, 1982.

Attorney(s) appearing for the Case

Dale A. Konigsburg, Lake Park, for petitioner.

Schatzman & Schatzman and Arnold Schatzman, Miami, for respondent.

Before SCHWARTZ, NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

Petitioner seeks certiorari review of an order denying its motion to dismiss a complaint based on a contract, terms of which required the parties to arbitrate disputes. We have jurisdiction.1

The filing of a proof of claim in a bankruptcy proceeding as required by bankruptcy law, along with the filing of a motion to dismiss on grounds that the claim is subject to arbitration, are not acts constituting waiver of...

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