EXECUTIVE LIFE INS. CO. v. JOHN HAMMER & ASSOCIATES, INC.

No. 90-01308.

569 So.2d 855 (1990)

EXECUTIVE LIFE INSURANCE COMPANY, Appellant, v. John HAMMER & ASSOCIATES, INC., Appellee.

District Court of Appeal of Florida, Second District.

November 7, 1990.


Attorney(s) appearing for the Case

Mark A. Hanley and Gregory A. Hearing of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellant.

James S. Moody, Jr., of Trinkle, Redman, Moody, Swanson, P.A., Plant City, for appellee.


SCHOONOVER, Chief Judge.

The appellant, Executive Life Insurance Company, challenges an order denying its motion to stay and to compel arbitration. We agree with the appellant's contention that the trial court erred in finding that the appellant's actions were inconsistent with its right to arbitrate and that it, therefore, waived arbitration. We, accordingly, reverse and remand.

The appellee, John Hammer & Associates, Inc., a Florida corporation, acted...

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