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KINDER MOBILE HOME SALES, INC. v. CLEMENS

No. 5D01-614.

794 So.2d 677 (2001)

KINDER MOBILE HOME SALES, INC., etc., Appellant, v. Cortley R. CLEMENS and Mary L. Clemens, his wife, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 19, 2001.

Attorney(s) appearing for the Case

Garry D. Adel, of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for Appellant.

John H. Bill, of Godbold, Downing, Sheahan & Bill, P.A., Winter Park, for Appellee, Homes of Merit, Inc.

Michael W. Johnson, Ocala, for Appellees, Cortley R. Clemens and Mary L. Clemens.

GRIFFIN, J.

This is the appeal of a non-final order denying the motion of Kinder Mobile Home Sales, Inc. ["Kinder"], seller of a mobile home, to compel arbitration of the claim filed by Plaintiffs Cortley R. and Mary L. Clemens ["Clemens"], buyers of the mobile home.

The Clemenses' contract with Kinder contains the following arbitration clause:

ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL a...

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