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SUNRISE CLUB, INC. v. SHAPO, FREEMAN & BLOOM, P.A.

No. 3D01-261.

790 So.2d 1231 (2001)

The SUNRISE CLUB, INC., a Florida corporation; Sundale Ltd., a Florida limited partnership; Associated American Development CORP., a Florida corporation,; Philip Scutieri, Jr., individually and as Trustee; an Sunrise Management Co., a Florida corporation, Appellants, v. SHAPO, FREEMAN & BLOOM, P.A., a Florida professional association, f/k/a Shapo, Freedman & Fletcher, P.A.; Ronald A. Shapo; and David A. Freedman, Appellees.

District Court of Appeal of Florida, Third District.

August 8, 2001.

Attorney(s) appearing for the Case

Kipnis Tescher Lippman & Valinsky, and Howard A. Tescher (Fort Lauderdale), for appellants.

Mitrani, Rynor, Adamsky, Macaulay & Zorrilla, and Isaac J. Mitrani, and Pamela A. Chamberlin, Miami, for appellees.

Before GERSTEN, RAMIREZ and NESBITT, JJ.

OPINION ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant the appellees' motion for clarification, withdraw the opinion filed June 20, 2001, and substitute the following:

Appellants appeal a non-final order granting the appellees' motion to stay litigation and compel arbitration. We find the trial judge erred in making factual determinations which were unsupported by the record, without conducting an evidentiary hearing. See Jalis Construction...

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