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NATIONWIDE MUT. FIRE INS. CO. v. HATCH

No. 98-579.

717 So.2d 71 (1998)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Petitioner, v. Laurence J. HATCH and Joan C. Hatch, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied September 11, 1998.

Attorney(s) appearing for the Case

Leonard S. Magid of The Cramer Unzicker Law Firm, Jacksonville, for Petitioner.

Edwin Walborsky of Kinsey, Troxel, Johnson & Walborsky, P.A., Pensacola, for Respondents.

PER CURIAM.

The county court found, as a matter of fact, that petitioner waived its right to compel arbitration by engaging in discovery. See, e.g., Coral 97 Associates, Ltd. v. Chino Electric, Inc., 501 So.2d 69 (Fla. 3d DCA 1987). On appeal to the circuit court, petitioner failed to challenge the adequacy of the factual basis for the county court's finding of waiver. We cannot say that the circuit court, acting in its review...

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