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EXCAVATING ENGINEERS, INC. v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

No. 87-3052.

524 So.2d 1112 (1988)

EXCAVATING ENGINEERS, INC., Appellant, v. The NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and Padula Construction Co., Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

May 11, 1988.

Attorney(s) appearing for the Case

David Jove of Lieby and Elder, Miami, for appellant.

W. Frank Greenleaf of Welbaum, Zook & Jones, Miami, for appellees.

GUNTHER, Judge.

Excavating Engineers, Inc. (Excavating) appeals the non-final order granting National Fire Insurance Company, Inc.'s (Surety) motion to stay and to compel arbitration. We reverse.

Excavating, a subcontractor, sued the contractor, Padula Construction Company, Inc. (Contractor), for breach of contract and sued Surety based on a payment bond. The issue is whether the contract between Excavating and the Contractor created an arbitration right which...

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