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FP & L. v. ROAD ROCK, INC.

No. 4D05-1601.

920 So.2d 201 (2006)

FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Appellant, v. ROAD ROCK, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

February 15, 2006.

Attorney(s) appearing for the Case

Robert C. Grady and Michael D. Katz of Katz, Barron, Squitero, Faust, Fort Lauderdale, for appellant.

Beverly A. Pohl and Bruce S. Rogow of Bruce S. Rogow, P.A., Fort Lauderdale, for appellee.

STEVENSON, C.J.

Florida Power and Light ("FP & L") appeals the trial court's order granting Road Rock, Inc.'s motion to compel arbitration. We reverse and remand.

In 1955, FP & L entered into a contract with Robert Elmore, permitting Elmore to remove rocks from a lake owned by FP & L. Paragraph four of the contract provided:

Elmore shall quarry and remove such rock at his own cost and expense. . . . Removal of the rock shall be personal...

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