BATES v. BETTY & ROSS CO., INC.

No. 3D09-2071.

46 So.3d 615 (2010)

Paul BATES, Appellant, v. The BETTY & ROSS COMPANY, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 9, 2010.


Attorney(s) appearing for the Case

McDonald & McDonald and David M. McDonald , Miami, for appellant.

Timothy Nicholas Thomes , Key Largo, for appellees.

Before RAMIREZ, C.J., and SUAREZ and SALTER, JJ.


SUAREZ, J.

The appellant ("Paul Bates") appeals a non-final order terminating arbitration. We have jurisdiction. See Fla. R.App. P. 9.130(a)(3)(C)(iv). We reverse the order terminating arbitration and remand for further proceedings, finding that the Arbitration Agreement in question requires arbitration of the facts contained in the Amended Claim and, even if not, we find that the parties were collaterally estopped from raising the issue before the trial court...

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