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RATH v. NETWORK MARKETING

No. 4D01-1830.

798 So.2d 886 (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.

November 7, 2001.

Attorney(s) appearing for the Case

Michael B. Small of Small & Small, Palm Beach, and Richard J. Ovelman and Enrique D. Arana of Jorden Burt, LLP, Miami, for appellants.

Mark F. Bideau and Bridget Berry of Greenberg Traurig, West Palm Beach, and Elliot H. Scherker and Brenda K. Supple of Greenberg, Traurig, Miami, for appellee.

FARMER, J.

REVERSED. See Rath v. Network Marketing, 790 So.2d 461 (Fla. 4th DCA 2001). In light of our decision in Rath, wherein we held that arbitration had been waived, the order dismissing the counterclaim for rescission in favor of arbitration must also be reversed.

REVERSED AND REMANDED FOR CONSISTENT PROCEEDINGS.

KLEIN and TAYLOR...

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