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ACUMEN CONST., INC. v. NEHER

No. 92-03665.

616 So.2d 98 (1993)

ACUMEN CONSTRUCTION, INC., a Florida corporation, Acumen Construction, Inc., d/b/a Acumen Development, and Kenneth V. Poole Jr., Appellants, v. John S. NEHER and S. Lynn Neher, Appellees.

District Court of Appeal of Florida, Second District.

March 19, 1993.

Attorney(s) appearing for the Case

Donald K. Ross, Jr. of Porter, Wright, Morris & Arthur, Naples, for appellants.

Daniel A. Gregory of Asbell, Hains, Doyle & Pickworth, P.A., Naples, for appellees.

HALL, Judge.

Acumen Construction Company appeals the order directing that the Nehers' action against it proceed in circuit court rather than immediately to arbitration. It contends that the trial court should have assumed the truth of its complaint, which alleged the existence of a contract and an addendum. It urges that if there was a substantial issue as to the making of the contract or the addendum, the trial court was required by section 682.03(1), Florida Statutes...

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