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DOCTORS ASSOCIATES, INC. v. THOMAS

No. 4D03-4356.

898 So.2d 159 (2005)

DOCTORS ASSOCIATES, INC., d/b/a Subway Restaurants, Inc., Subway Development Corp., and Sager Development, Inc., Appellants, v. Homer THOMAS, Appellee.

District Court of Appeal of Florida, Fourth District.

March 9, 2005.

Attorney(s) appearing for the Case

Robert D. McIntosh and Rachel M. Coe of Adorno & Yoss, P.A., Fort Lauderdale, for appellants.

Kenneth D. Cooper, Fort Lauderdale, for appellee.

BLANC, PETER D., Associate Judge.

The issue before this court is whether the trial court erred in denying appellant's Motion to Dismiss or in the Alternative, to Stay Pending Arbitration. We determine that appellant's right to arbitrate the claim brought by appellee was neither terminated nor waived and, thus, reverse and remand this case for proceedings consistent with this opinion.

Homer Thomas (hereinafter "Thomas...

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