U.S. FIRE INS. CO. v. FRANKO

No. AV-245.

443 So.2d 170 (1983)

U.S. FIRE INSURANCE COMPANY, Petitioner, v. William Glenn FRANKO and Bobbie Jean Franko, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied January 9, 1984.


Attorney(s) appearing for the Case

Larry Hill, of Sherrill, Moore, Hill & Westmoreland, Pensacola, for petitioner.

Samuel W. Bearman, of Cetti, McGraw, Bearman & Eddins, Pensacola, for respondents.


SHIVERS, Judge.

U.S. Fire Insurance Company (U.S. Fire) petitions for writ of certiorari to review a non-final order of the trial court which denies petitioner's motion to dismiss the Frankos' complaint. The trial court found that petitioner had waived its right to demand arbitration and denied the motion to dismiss. We agree with petitioner that the trial court departed from essential requirements of law in denying the motion to dismiss.

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