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KEL HOMES, LLC v. BURRIS

No. 2D06-595.

933 So.2d 699 (2006)

KEL HOMES, LLC, Appellant, v. Michael and Tonia BURRIS, individually, Appellees.

District Court of Appeal of Florida, Second District.

July 21, 2006.

Attorney(s) appearing for the Case

Jeffrey Sanford Kaufman of Kaufman, Englett & Lynd, P.A., Orlando, for Appellant.

Kelly A. Greene of Kelly A. Greene, P.A., Kissimmee, for Appellee.

STRINGER, Judge.

Kel Homes, LLC, appeals from the trial court's order that denied its motion to dismiss the Burrises' complaint based on the arbitration provision in Kel Homes' contract with them. We affirm the trial court's determination that the count for specific performance is not within the scope of the arbitration provision of the contract. However, we reverse the trial court's determination that the count for fraud in the inducement is not within the scope...

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