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FISHER ISLAND HOLDINGS, L.L.C. v. POTASH

No. 3D03-3334.

867 So.2d 450 (2004)

FISHER ISLAND HOLDINGS, L.L.C., Appellant, v. Dr. Irwin POTASH, in his capacity as one of a majority of Equity Member Directors of Fisher Island Club, Inc., and on behalf of the Equity Members of Fisher Island Club, Inc., and Fisher Island Club, Inc., a Florida not-for-profit corporation, Appellees.

District Court of Appeal of Florida, Third District.

February 4, 2004.

Attorney(s) appearing for the Case

Greenberg Traurig, P.A., and Alan T. Dimond, Elliot H. Scherker, and Elliot B. Kula, Miami; Phillips, Eisinger & Brown, Hollywood, for appellant.

Aragon, Burlington, Weil, Schwiep, Kaplan & Blonsky, P.A., and Robert K. Burlington, Daniel F. Blonsky, and Alejandro F. Hoyos, Miami, for appellees.

Before SCHWARTZ, C.J., and COPE, J., and BARKDULL, THOMAS H., JR., Senior Judge.

PER CURIAM.

We reverse an order of the trial court staying and abating an arbitration instituted by Fisher Island Holdings, L.L.C. ("Holdings"), a non-party to the litigation pending between the appellees. No jurisdiction over Holdings was obtained by judicial process, and Holdings did not voluntarily appear in the pending litigation by seeking any affirmative relief. Therefore, it was inappropriate to enter the order under review. See ATM Ltd. v. Caporicci Footwear...

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