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TOLL JUPITER L.P. v. MOTTO

No. 4D09-3.

16 So.3d 250 (2009)

TOLL JUPITER LIMITED PARTNERSHIP, a Florida limited partnership, Toll FL GP Corp., a Florida corporation, and Michael Sheriff, an individual, Appellants, v. Michael A. MOTTO, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

August 19, 2009.

Attorney(s) appearing for the Case

William J. Simonitsch of K & L Gates LLP, Miami, for appellants.

Michael A. Motto of Hicks, Motto & Ehrlich, West Palm Beach, for appellee.

SHAHOOD, GEORGE A., Senior Judge.

Appellants, Toll Jupiter, Limited Partnership, Toll FL GP Corp., and Michael Sheriff, appeal the trial court's denial of their motion to compel arbitration. Appellee, Michael A. Motto, Jr., as purchaser, filed a complaint against appellants for failure to disclose and fraudulent misrepresentation regarding the purchase of a home. We hold that a meeting of the minds never existed between the parties regarding an arbitration clause...

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