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ALPHAGRAPHICS FRANCHISING, INC. v. STEBBINS

No. 92-2874.

617 So.2d 463 (1993)

ALPHAGRAPHICS FRANCHISING, INC., a foreign corporation, Alphagraphics, Inc., a foreign corporation, Rodger G. Ford, individually, and Michael Coffee, individually, Appellants, v. John G. STEBBINS, individually, John G. Stebbins, Inc., a Florida corporation, and George J. O'Rourke, individually, and Andrea O'Rourke, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

May 5, 1993.

Attorney(s) appearing for the Case

Marc P. Seidler, John F. Verhey, and Peter G. Hallam, Rudnick & Wolfe, Chicago, IL, and Karen M. Buesing of Rudnick & Wolfe, Tampa, for appellants.

David S. Bowman, Taylor, Brion, Buker & Greene, Fort Lauderdale, for appellees John G. Stebbins and John G. Stebbins, Inc.

PER CURIAM.

We affirm the order of the trial court staying arbitration. We believe an order staying arbitration is an order determining the entitlement of a party to arbitration.

As to the merits, the appellee had challenged the arbitration clause itself, claiming it was void or voidable under Florida law. That issue is not subject to arbitration but must be heard by the trial court before arbitration can proceed. See Merrill Lynch Pierce Fenner & Smith...

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