RODRIGUEZ v. BUILDERS FIRSTSOURCE — FLORIDA

No. 4D09-1716.

26 So.3d 679 (2010)

Jose RODRIGUEZ and Lorena Rodriguez, individually and as "next friends" on behalf of their minor children Joshua Rodriguez and Gabriella Rodriguez, Appellants, v. BUILDERS FIRSTSOURCE—FLORIDA, LLC, a Delaware Limited Liability Company, Boynton Beach Associates, XVI, LLLP, a Florida Limited Liability Partnership, Boynton Beach XVI Corporation, a Florida Corporation, and G.L. Homes of Florida, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

January 27, 2010.


Attorney(s) appearing for the Case

Scott N. Gelfand of Scott N. Gelfand, P.A., Coral Springs, for appellants.

Dianne O. Fischer and Andrew P. Gold of Akerman Senterfitt, Fort Lauderdale, for appellees Boynton Beach Associates, XVI, LLLP, Boynton Beach XVI Corporation, and G.L. Homes of Florida, Inc.


CIKLIN, J.

The purchasers of a home ("appellants") appeal the trial court's order compelling arbitration in their action against the builder. The appellants assert that their personal injury claims for mold exposure are based on duties of care imposed by common law—and not on the purchase agreement containing the arbitration clause—and therefore are not arbitrable. We find that the language in the contract requires arbitration for the claims brought...

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