O'FLARITY v. TREND STAR DEVELOPMENT, INC.

No. 96-0631.

689 So.2d 1297 (1997)

James P. O'FLARITY, Appellant, v. TREND STAR DEVELOPMENT, INC., Trend Star Communications, Inc., Trend Star Industries, Ltd., William R. Brooker and James Ranum, Appellees.

District Court of Appeal of Florida, Fourth District.

March 26, 1997.


Attorney(s) appearing for the Case

James P. O'Flarity of James P. O'Flarity, P.A., North Palm Beach, pro se.

No brief filed for appellees.


PER CURIAM.

This is a non-final appeal challenging a trial court's order granting William Brooker and James Ranum's motion to compel arbitration and staying all matters pending arbitration. Appellant contends that both parties waived any right to arbitrate. We agree with appellant's waiver argument only as to Brooker who filed an answer to the complaint.

The filing of an answer is an act inconsistent with a subsequent demand to arbitrate. See Bared &...

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