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VACATION BEACH, INC. v. CHARLES BOYD CONST.

No. 5D04-4073.

906 So.2d 374 (2005)

VACATION BEACH, INC., Appellant, v. CHARLES BOYD CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

July 22, 2005.

Attorney(s) appearing for the Case

Michael R. Riemenschneider and William H. Cantwell, II, of O'Brien Riemenschneider, P.A., Melbourne, for Appellant.

Ben W. Subin and Michael R. Candes, of Holland & Knight LLP, Orlando, for Appellee.

MONACO, J.

The appellant, Vacation Beach, Inc., asserts in this appeal that the lower court erred in compelling arbitration without first ruling on the issue of whether the construction contract that it entered into with the appellee, Charles Boyd Construction, Inc. ("Boyd Construction"), was illegal or in violation of public policy. In view of the Florida Supreme Court's ruling in Cardegna v. Buckeye Check Cashing, Inc., 894 So.2d 860

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