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HARDY CONT.INC. v. HOMELAND PROP. OWNERS ASSOCIATION

No. 89-2444.

558 So.2d 543 (1990)

HARDY CONTRACTORS, INC., Appellant, v. HOMELAND PROPERTY OWNERS ASSOCIATION and Miller-American Industries, Inc., Etc., Appellees.

District Court of Appeal of Florida, Fourth District.

April 4, 1990.

Attorney(s) appearing for the Case

Douglas R. Bell of Law Office of Bell & Bell, Fort Lauderdale, for appellant.

Timothy P. McCarthy of Merola, McCarthy & Cox, P.A., Palm Beach Gardens, for appellee-Miller-American Industries, Inc.

PER CURIAM.

We affirm the trial court's order denying appellant's motion to dismiss appellee's third-party complaint which found that appellant waived its right to arbitration. However, we do so without prejudice to appellant's filing of another motion to dismiss based upon the grounds left unresolved by the trial court's order.

HERSEY, C.J., and GLICKSTEIN, J., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

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