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VOGEL BROS. BUILDING CO. v. SCARBOROUGH CONSTR., INC.

No. 87-446.

513 So.2d 260 (1987)

VOGEL BROTHERS BUILDING CO., Appellant, v. SCARBOROUGH CONSTRUCTORS, INC., a Florida Corporation; St. Paul Fire & Marine Insurance Company, a Foreign Corporation; and City of Tarpon Springs, a Municipal Corporation, Appellees.

District Court of Appeal of Florida, Second District.

October 2, 1987.

Attorney(s) appearing for the Case

Maxwell G. Battle, Jr. and Dean G. Tsourakis of Battle & Tsourakis, P.A., Tampa, for appellant.

Joan M. Vecchioli of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, for appellee City of Tarpon Springs.

No appearances for appellees Scarborough Constructors, Inc. and St. Paul Fire & Marine Ins. Co.

BOARDMAN, EDWARD F., (Retired) Judge.

This is an appeal from a nonfinal order which abated an action pending resolution of the dispute by arbitration. We have jurisdiction, Fla.R.App.P. 9.130(a)(3)(C)(iv), and for the reasons stated below, we reverse.

Appellant (Vogel) filed a three-count complaint against appellees (Scarborough and the City) seeking damages for allegedly extra work that it had performed pursuant to a subcontract with Scarborough, the general...

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