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NESTLER-POLETTO REALTY, INC., v. KASSIN

No. 98-2760

730 So.2d 324 (1999)

NESTLER-POLETTO REALTY, INC., a Florida corporation, Mark Nestler and John Poletto, Appellants, v. Gloria KASSIN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 15, 1999.

Attorney(s) appearing for the Case

Michael S. Smith of Kubicki Draper, West Palm Beach, for appellants.

Edmund O. Loos, III and William Berger of Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A., Fort Lauderdale, and Rodney Tennyson, West Palm Beach, for appellee.

PER CURIAM.

We affirm an order denying Appellants' motion to compel arbitration and stay action.

Appellants were the real estate brokers in connection with a contract to sell Appellee's residence (the Rabinow transaction) and the contract to purchase another home (the Loewenstern transaction). Neither contract closed. Appellee filed suit against Appellants and the Loewensterns, alleging that Appellants breached their fiduciary duty and negligently failed to...

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