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BARDINELLA DESIGNS v. SPIRIT CONST.

No. 87-3347.

524 So.2d 703 (1988)

BARDINELLA DESIGNS, INC., Appellant, v. SPIRIT CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 31, 1988.

Attorney(s) appearing for the Case

Howard Todd Jaffe of Kaplan, Jaffe and Gates, P.A., Hollywood, for appellant.

Larry R. Leiby of Leiby and Elder, Miami, for appellee.

GUNTHER, Judge.

We reverse. The trial court erred in granting Spirit Construction, Inc.'s motion to dismiss and to compel arbitration. Compelling arbitration was improper since Bardinella Designs, Inc., sought a declaratory judgment that the contract was invalid and the validity of the contract had not yet been determined. Caltagirone v. School Board of Hernando County, 355 So.2d 873 (Fla. 2d DCA 1978); R.B.F. Management...

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