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BURKE v. WINDJAMMER BAREFOOT CRUISES

No. 3D07-1240.

972 So.2d 1108 (2008)

Michael D. BURKE, Appellant, v. WINDJAMMER BAREFOOT CRUISES, Appellee.

District Court of Appeal of Florida, Third District.

January 30, 2008.

Attorney(s) appearing for the Case

Buchbinder & Elegant and Harris J. Buchbinder, for appellant.

Gary W. Pollack, Miami, for appellee.

Before COPE, RAMIREZ, and SUAREZ, JJ.

RAMIREZ, J.

Michael D. Burke appeals the trial court's order granting Windjammer Barefoot Cruises, Ltd.'s motion to dismiss his counterclaim against Windjammer, without leave to amend. The trial court dismissed count I based on an arbitration clause in an employment contract and count III, because there was a pending case in the courts of Trinidad and Tobago. We reverse, based on our conclusions that Windjammer waived its right to arbitrate count I and the action...

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