BRECKENRIDGE v. FARBER

No. 93-0874.

640 So.2d 208 (1994)

Paula P. BRECKENRIDGE, Appellant, v. Alvin Wwayne FARBER, Appellee.

District Court of Appeal of Florida, Fourth District.

August 3, 1994.


Attorney(s) appearing for the Case

Bennett S. Cohn, Law Office of Bennett S. Cohn, West Palm Beach, for appellant.

John T. Milton, Palm Beach, and John P. Stetson of Law Office of John P. Stetson, West Palm Beach, for appellee.


PARIENTE, Judge.

Appellant, Paula P. Breckenridge (investor), seeks review of an order granting appellee's, Alvin W. Farber's (broker's), motion to compel arbitration. The investor contends the trial court erred in granting the motion because the broker, having knowledge of his right to arbitration, failed to timely assert the right and actively participated in litigation thereby waiving his right. We agree and reverse.

On December 13, 1985, the investor opened...

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