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U.S. HOME CORP. v. SEIFERT

No. 96-3182.

699 So.2d 787 (1997)

U.S. HOME CORPORATION, Appellant, v. Patricia SEIFERT, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

September 19, 1997.

Attorney(s) appearing for the Case

Fredric S. Zinober of Tew, Zinober, Barnes, Zimmet & Unice, Clearwater, for appellant.

Maureen Gallen of Poses & Halpern, P.A., and Sharon L. Wolfe of Cooper & Wolfe, P.A., Miami, for appellee Patricia Seifert.

DAUKSCH, Judge.

This is an appeal from an order denying a motion to compel arbitration. We reverse.

Appellant built a house for appellees pursuant to a contract which contained the following provision:

13. ARBITRATION. Any controversy or claim arising under or related to this Agreement or to the Property1 (with the exception of "consumer products" as defined by the Magnuson-Moss Warranty-Federal Trade Commission...

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