HOUCHINS v. KING MOTOR CO.

No. 4D04-670.

906 So.2d 325 (2005)

Ronald Wayne HOUCHINS and Martha Romero-Huertas, Appellants, v. KING MOTOR COMPANY OF FORT LAUDERDALE, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

July 6, 2005.


Attorney(s) appearing for the Case

Jerard C. Heller, Fort Lauderdale, for appellants.

Ricardo A. Reyes of Tobin & Reyes, P.A., Boca Raton, and Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for appellee.


WARNER, J.

Appellants challenge a non-final order granting King Motor Company's motion to compel arbitration. They raise several issues but the essential issues involve: first, whether King waived its right to arbitrate by filing a motion to dismiss for failure to state a cause of action prior to filing the demand for arbitration; and second, whether they were entitled to an evidentiary hearing to determine whether a valid arbitration agreement existed. We affirm...

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