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FRONTAGE ROAD PARTNERS, LLC v. McMULLEN

No. 2D06-1439.

934 So.2d 629 (2006)

FRONTAGE ROAD PARTNERS, LLC, a Florida limited liability corporation, Appellant, v. Carolyn D. McMULLEN, Appellee.

District Court of Appeal of Florida, Second District.

July 26, 2006.

Attorney(s) appearing for the Case

Marion Hale and Steven H. Weinberger of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater, for Appellant.

Hala Sandridge and Tirso M. Carreja, Jr., of Fowler White Boggs Banker P.A., Tampa, for Appellee.

CASANUEVA, Judge.

Frontage Road Partners, LLC, filed this nonfinal appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), when the trial court denied its motion to compel arbitration. The trial court found that Frontage Road Partners had waived its contractual right to arbitration by taking action inconsistent with that right, i.e., filing a complaint in the circuit court for specific performance of a real estate sales contract in which it was...

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