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BERKOWITZ, DICK, POLLACK & BRYANT v. SMITH

No. 4D10-704.

49 So.3d 309 (2010)

BERKOWITZ, DICK, POLLACK & BRYANT, Certified Public Accountants & Consultants, LLP., a Florida Limited Liability Partnership, Appellant, v. Barry SMITH, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 5, 2011.

Attorney(s) appearing for the Case

Roberta G. Mandel and Robert M. Klein and Richard M. Jones of Stephens, Lynn, Klein, Lacava & Puya, P.A., Miami, for appellant.

Elizabeth K. Russo of the Russo Appellate Firm, P.A., Miami, and Jay Green of Green , Ackerman & Frost, P.A., Boca Raton, for appellee.

WARNER, J.

Appellant, the accounting firm of Berkowitz, Dick, Pollack & Brant ("Berkowitz"), challenges the trial court's denial of its motion to compel arbitration of a claim for professional malpractice in connection with appellee Barry Smith's tax returns. Smith claimed that no arbitration agreement covered these claims. Berkowitz did not request an evidentiary hearing on the issue, so we have only the pleadings and supporting documents from which to determine...

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