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PROMONTORY ENTERPRISES, INC. v. SOUTHERN ENGIN. & CONTRACT., INC.

No. 5D03-495.

864 So.2d 479 (2004)

PROMONTORY ENTERPRISES, INC., et al., Appellants, v. SOUTHERN ENGINEERING & CONTRACTING, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

January 2, 2004.

Attorney(s) appearing for the Case

Matthew Triggs, David J. George, Joelle C. Sharman and Stephanie Reed Traband of Proskauer Rose LLP, Boca Raton, for Appellants.

Robert Hoofman and Charles R. George, III of Rush, Marshall, Jones & Kelly, P.A. and L. Bruce Stout, Roswell, Georgia, for Appellee.

SAWAYA, C.J.

Promontory Enterprises, Inc. and the surety, Highlands Insurance Company, (collectively referred to as Promontory) appeal the order denying their Emergency Motion to Stay Arbitration with the plaintiff, Southern Engineering & Contracting, Inc. The motion emanated from Southern's breach of contract action involving a construction contract entered into at a time when Southern allegedly did not have a contractor's license. The construction contract,...

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