LEON v. MERCY HOSP., INC.

No. 97-1432.

712 So.2d 1267 (1998)

Delia LEON, as Personal Representative of the Estate of Gustavo S. Leon, deceased, Appellant, v. MERCY HOSPITAL, INC., Appellee.

District Court of Appeal of Florida, Third District.

July 22, 1998.


Attorney(s) appearing for the Case

Grossman & Roth, Miami; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel S. Perwin, Miami, for appellant.

Wolpe & Leibowitz and Bradley H. Trushin, Miami, for appellee.

Before COPE, FLETCHER and SORONDO, JJ.


PER CURIAM.

We concur with the trial court's denial of the plaintiff-appellant's motion to compel arbitration. As we view the matter, the result of the earlier declaratory judgment action was an order declaring defendant-appellee's previous demand for arbitration under section 766.106, Florida Statutes (1991), to be a nullity, and that order is now final. There is, therefore, no outstanding offer which plaintiff can now accept.

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