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GREEN TREE SERVICING, LLC v. McLEOD

No. 2D08-2978.

15 So.3d 682 (2009)

GREEN TREE SERVICING, LLC, Appellant, v. Elizabeth Dianne McLEOD, as Personal Representative of the Estate of Stanley McLeod, deceased, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 2, 2009.

Attorney(s) appearing for the Case

Mary Ruth Houston and Glennys Ortega Rubin of Shutts & Bowen, LLP, Orlando, for Appellant.

Charles M. Schropp and Charles P. Schropp of Schropp Law Firm, P.A., Tampa, for Appellee.

EN BANC

WALLACE, Judge.

Green Tree Servicing, LLC (Green Tree), appeals a nonfinal order denying its motion to stay the action in the court below and to compel arbitration.1 Because we find no error in the circuit court's conclusion that Green Tree had waived its right to arbitration by serving multiple discovery requests related to the merits of the pending action, we affirm the circuit court's order. In so doing, we recede from Merrill Lynch...

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