XEROX CORP. v. SMARTECH DOCUMENT MANAGEMENT

No. 3D06-2246.

979 So.2d 957 (2007)

XEROX CORPORATION and Ricardo Vescovacci, Appellants, v. SMARTECH DOCUMENT MANAGEMENT, INC., and Jose Hernandez, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 15, 2008.


Attorney(s) appearing for the Case

Thomas & LoCicero and James J. McGuire, Tampa, for appellants.

Mesa & Associates and Manuel A. Mesa, Miami, for appellees.

Before COPE, SUAREZ, and LAGOA, JJ.


COPE, J.

Xerox Corporation and Ricardo Vescovacci appeal an order denying their motion to compel arbitration. We reverse because the arbitration clause covers the dispute, and the question of time bar is for the arbitrator, not the trial court.

Smartech and Hernandez filed a lawsuit against Xerox and Vescovacci alleging defamation, intentional infliction of emotional distress, injunctive relief, respondeat superior, and intentional interference with an advantageous...

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