EDEN OWNERS ASS'N, INC. v. EDEN III, INC.

No. 1D02-2795.

840 So.2d 419 (2003)

EDEN OWNERS ASSOCIATION, INC., Appellant, v. EDEN III, INC., Roy Anderson Corp., American Home Assurance Company, Patrick T. Hope, Roy Anderson, Jr., Roy Anderson, III, John C. Ellis and Charles F. McReynolds, Appellees.

District Court of Appeal of Florida, First District.

March 20, 2003.


Attorney(s) appearing for the Case

Christopher T. McRae and David J. Metcalf of McRae & Metcalf, P.A., Tallahassee, for Appellant.

Michael D. West of Huey, Guilday, Tucker, Schwartz & Williams, P.A., Tallahassee, for Appellee Patrick T. Hope.

Charles F. Beall, Jr. and J. Lofton Westmoreland of Moore, Hill & Westmoreland, P.A., Penscaola, for Appellees Eden III, Inc., John C. Ellis, and Charles F. McReynolds.

Robert A. Emmanuel of Emmanuel Sheppard and Condon, Pensacola, for Appellees Roy Anderson Corp, American Home Assurance Company, Roy Anderson Jr. and Roy Anderson, III.


PER CURIAM.

The appellant challenges a nonfinal order staying the underlying civil proceedings and compelling arbitration. It contends that the appellees waived the right to seek arbitration because they had prior knowledge of an existing right to arbitrate and engaged in acts inconsistent with that right. Specifically, the appellant asserts that it raised arbitrable issues in its initial and first amended complaints, and...

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