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EPSTEIN v. PRECISION RESPONSE CORP.

No. 4D03-3046.

883 So.2d 377 (2004)

David EPSTEIN, Appellant, v. PRECISION RESPONSE CORPORATION, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

September 29, 2004.

Attorney(s) appearing for the Case

Joseph A. DeMaria and Peter F. Valori of Tew Cardenas, L.L.P., Miami; and Bruce David Green of Bruce David Green, P.A., Fort Lauderdale, for appellant.

Alan G. Greer of Richman Greer Weil Brumbaugh Mirabito & Christensen, P.A., Miami; Michael H. Steinberg of Sullivan & Cromwell, L.L.P., Los Angeles, CA; and Bradley A. Harsch of Sullivan & Cromwell, L.L.P., New York, NY, for appellee.

SHAHOOD, J.

Appellant, David Epstein, appeals the order dismissing his Complaint to Stay Arbitration. We hold that the trial court erred by dismissing the complaint without first holding an evidentiary hearing, and reverse and remand for the trial court to conduct such a hearing.

David Epstein (Epstein) is the chief executive officer of Precision Response Corporation (PRC), appellee herein. He is also a shareholder in a company called Avaltus, Inc. (Avaltus...

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