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MORTON v. POLIVCHAK

No. 2D05-215.

931 So.2d 935 (2006)

Peter MORTON, as trustee of the Peter Morton Revocable Trust, Appellant, v. Jeffrey D. POLIVCHAK, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 2006.

Attorney(s) appearing for the Case

Alan M. Oravec of Judd, Shea, Ulrich, Oravec, Wood & Dean, P.A., Sarasota, for Appellant.

Anthony J. Abate, Steven J. Chase, and Kimberly J. Madison of Abel, Band, Russell, Collier, Pitchford & Gordon, Chartered, Sarasota, for Appellee.

CANADY, Judge.

In this case concerning a dispute arising from the sale of residential property, Peter Morton, as trustee of the Peter Morton Revocable Trust, appeals a final order granting Jeffrey D. Polivchak's motion to compel arbitration and dismissing Morton's action against Polivchak. Because we conclude that the trial court erred in deferring to the determination of the arbitration panel concerning an issue of arbitrability, we reverse the order on appeal and...

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