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KELLY v. AZAR

No. 89-2483.

568 So.2d 97 (1990)

Frank KELLY and Josephthal and Company, Inc., Appellants, v. Alberto Soberanes AZAR and Sara Beatriz Albert Zepeda, Appellees.

District Court of Appeal of Florida, Third District.

October 16, 1990.

Attorney(s) appearing for the Case

Ruden, Barnett, McClosky, Smith, Schuster & Russell and Bennett Falk and David A. Weintraub, Miami, for appellants.

Murai, Wald, Biondo & Moreno and Jorge L. Guerra, Miami, for appellees.

Before NESBITT, LEVY and GODERICH, JJ.

PER CURIAM.

The defendants, Frank Kelly and Josephthal & Co., Inc. [collectively referred to as "Josephthal"], appeal from a non-final order denying their motion to stay pending arbitration. We have jurisdiction pursuant to rule 9.130(a)(3)(C)(v), Florida Rules of Appellate Procedure and reverse and remand for an evidentiary hearing.

Alberto Soberanes Azar and Sara Beatriz Albert Zepeda [collectively referred to as "the customers"] discussed opening an...

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