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TELECARD COMMUNICATIONS v. POWELL

No. 97-0696.

700 So.2d 1235 (1997)

TELECARD COMMUNICATIONS OF FLORIDA, INC., Appellant, v. Cari POWELL, an individual, Jerry Powell, an individual, Vince Gasso, an individual, Robin Gasso, an individual, and Automated Telephone Systems, Inc., a Florida corporation, its agents, assigns and employees, jointly and severally, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 20, 1997.

Attorney(s) appearing for the Case

Stephen J. Finta, Fort Lauderdale, for appellant.

Larry M. Mesches of Koeppel, Gottlieb, Mesches, Herzfeld & Rubin, West Palm Beach, for appellee.

PER CURIAM.

We reverse that portion of the order under review that dismisses rather than stays this action pending ordered arbitration proceedings. See EMSA Ltd. Partnership v. Mason, 677 So.2d 105, 107 (Fla. 4th DCA 1996); § 682.03(3) Fla. Stat. (1995). In all other respects, the order is affirmed. We remand for entry of an order staying proceedings pending arbitration.

REVERSED and REMANDED.

STONE,...

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