CURRY & SONS DEVELOPMENT CORPORATION, INC. v. McKILLIP CONSTR. CO., INC.

No. 90-1780.

568 So.2d 1308 (1990)

CURRY & SONS DEVELOPMENT CORPORATION, INC., Charles P. Curry, Jr., Elizabeth A. Curry, et al., Appellants, v. McKILLIP CONSTRUCTION COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

October 23, 1990.


Attorney(s) appearing for the Case

Moody & Salzman, Gainesville, for appellants.

No appearance for appellee.

Before BARKDULL, NESBITT and GERSTEN, JJ.


PER CURIAM.

The appellants, defendants in the trial court, appeal pursuant to Rule 9.130(a)(3)(C)(v), Florida Rules of Appellate Procedure, an order of the trial court denying arbitration of a claim arising out of a construction project. The trial court denied arbitration because the defendants had been successful in causing a count for foreclosure of a lien to be dismissed. All that remained was a common law count for damages, which was clearly a claim covered by...

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