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CARLANDIA CORP. v. OBERNAUER

No. 96-0132.

695 So.2d 408 (1997)

CARLANDIA CORPORATION, a Delaware Corporation, individually and for the use and benefit of all members of The Two North Breakers Row Condominium Association, Appellant, v. Marne OBERNAUER, Myrna Daniels, John Therouex, Mary Gouiarte, Julian Cohen, Audrey Larman, Lewis Schott, Nathan Monus, Richard Fennel, Robert Higginson, Chris Marden and Paul Milstein, directors, past and present, of the Two North Breakers Row Condominium Association, and The Two North Breakers Row Condominium Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing, and Certification Denied June 23, 1997.

Attorney(s) appearing for the Case

J. Kory Parkhurst of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for Appellant.

G. Bart Billbrough and Geoffrey B. Marks of Walton Lantaff Schroeder & Carson, Miami, for Appellees.

Rehearing, Rehearing En Banc, and Certification Denied June 23, 1997.

GROSS, Judge.

The question posed in this case is whether section 718.1255, Florida Statutes (Supp. 1992), requires nonbinding arbitration before suit can be filed for the causes of action here at issue. We hold that arbitration is not mandatory under the facts of this case and reverse the trial court's order of dismissal.

Appellant Carlandia Corporation is a unit owner at The Two...

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