ISLAND CLUB WEST DEV., INC. v. MID-STATE PAVING CO.

No. 5D03-1396.

864 So.2d 1191 (2004)

ISLAND CLUB WEST DEVELOPMENT, INC., et al, Appellant, v. MID-STATE PAVING CO., INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 10, 2004.


Attorney(s) appearing for the Case

Ladd H. Fassett of Fassett, Anthony & Taylor, P.A., Orlando, for Appellant.

Donald E. Hemke and Paul J. Ullom of Carlton Fields, P.A., Tampa, for Appellee.


TORPY, J.

In this construction dispute, the issue is whether the contract between the parties is unenforceable, thereby rendering the arbitration clause contained therein, likewise, unenforceable. The resolution of this issue centers upon whether the contract should be declared invalid pursuant to section 489.128, Florida Statutes (2000), which precludes the enforcement of any contract performed by an unlicensed contractor. After receiving evidence, the trial court...

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