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PARTY YARDS, INC. v. TEMPLETON

No. 5D99-297.

751 So.2d 121 (2000)

PARTY YARDS, INC., Peter Dorney and Andrew Baron, Appellants, v. Gary TEMPLETON, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 4, 2000.

Attorney(s) appearing for the Case

James S. Grodin and Michael D. Crosbie, of Foley & Lardner, Orlando, for Appellants.

Kathryn B. Hoeck and Virginia B. Townes, of Akerman, Senterfitt & Eidson, P.A., Orlando, for Appellee.

W. SHARP, J.

Party Yards, Inc., Pete Dorney and Andrew Baron (hereinafter "Party Yards") appeal an order granting Templeton's motion to stay litigation and denying their motion to stay arbitration. They contend it was error for the trial court not to first determine whether the contract was illegal under the usury statutes. We agree and reverse.

Party Yard designs, creates, produces and markets beverage containers with logos or other advertisement-type...

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