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SAXON FINANCIAL GROUP, INC. v. GOODMAN

No. 98-2116.

728 So.2d 365 (1999)

SAXON FINANCIAL GROUP, INC., Appellant, v. Howard GOODMAN and Rona Goodman, husband and wife, Appellees.

District Court of Appeal of Florida, Fourth District.

March 24, 1999.

Attorney(s) appearing for the Case

Lisa S. Small and Michael B. Small of Small & Small, P.A., Palm Beach, for appellant.

Marshall J. Osofsky of Lewis, Vegosen, Rosenbach, Silber & Dunkel, P.A., West Palm Beach, for appellees.

PER CURIAM.

We affirm an order denying Appellant's motion to compel arbitration. We find no abuse of discretion in the trial court's conclusion that Appellant waived arbitration by pursuing the litigation in the trial court from the time its amended complaint seeking money damages was filed in January 1996, through its motion to compel arbitration filed in March 1998. In the interim, Appellant had obtained a default and...

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