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ROTHENBERG v. WILLIS

No. 85-2238.

483 So.2d 821 (1986)

Barrett ROTHENBERG, Larry Rothenberg, Lawrence Saichek, and Rothenberg & Rothenberg, P.A., Appellants, v. Dorothy WILLIS, Appellee.

District Court of Appeal of Florida, Third District.

February 25, 1986.

Attorney(s) appearing for the Case

Stephens, Lynn, Chernay & Klein, P.A., and Debra J. Snow, Caron E. Speas, and Robert M. Klein, Miami, for appellants.

Rubin Baum Levin Constant Friedman & Bilzin and David W. Trench, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

Affirmed.

JORGENSON, Judge, dissenting.

I respectfully dissent.

The trial court should not have denied the appellants' motion to compel arbitration as to three counts of the complaint without first hearing evidence on the issue of whether the subject matter of the three counts falls within the scope of the arbitration agreement. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Falowski,

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