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RATH v. NETWORK MARKETING, L.C.

No. 4D00-1276.

790 So.2d 461 (2001)

Matthias RATH, M.D. and Health Now, Inc., Appellants, v. NETWORK MARKETING, L.C., n/k/a Rexall Showcase International, Inc., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 14, 2001.

Attorney(s) appearing for the Case

Richard J. Ovelmen, Landon K. Clayman and Enrique D. Arana of Jorden Burt Boros Cicchetti Berenson & Johnson LLP, Miami, and Lisa S. Small and Michael B. Small of Small & Small, P.A., Palm Beach, for appellants.

Mark F. Bideau, Lori Gleim and Janet Bernstein Teebagy of Greenberg Traurig, P.A., West Palm Beach, for appellee.

STEVENSON, J.

Matthias Rath, M.D. and Health Now, Inc. (collectively "Rath") appeal from a non-final order, holding that Network Marketing, L.C., n/k/a Rexall Showcase International, Inc. ("Rexall") did not waive its right to arbitrate. We agree with Rath and reverse.

Rexall markets health and wellness products. Rath represents himself as the scientist who developed the world's first patented therapy for the natural reversal of cardiovascular disease. In August...

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