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SEABOARD SURETY COMPANY v. CATES

No. 92-1009.

604 So.2d 570 (1992)

SEABOARD SURETY COMPANY, Federal Insurance Company, and Danis Industries Corporation, d/b/a Danisshook, Appellants, v. Loretta CATES, d/b/a Sea Green Nursery, Appellee.

District Court of Appeal of Florida, Third District.

September 8, 1992.

Attorney(s) appearing for the Case

Foley & Lardner, and Edmund T. Baxa, Jr., and John R. Hamilton, Orlando, for appellants.

Michael Halpern, Key West, for appellee.

Before HUBBART, NESBITT and GODERICH, JJ.

PER CURIAM.

Because (1) it was undisputed below that the defendant Danis Industries Corporation did not file a demand for arbitration within thirty (30) days following the date that the plaintiff Loretta Cates d/b/a Sea Green Nursery made an application for final payment under her contract with the defendant, and (2) such a demand within the thirty (30) day period was a precondition for arbitration of any claim made by the plaintiff against the defendant under paragraph...

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