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METROPCS COMMUNICATIONS, INC. v. PORTER

No. 3D12-3077.

114 So.3d 348 (2013)

METROPCS COMMUNICATIONS, INC., et al., Appellant, v. Jorge PORTER, Appellee.

District Court of Appeal of Florida, Third District.

May 15, 2013.

Attorney(s) appearing for the Case

Carlton Fields and Aaron S. Weiss and David L. Luck ; Drinker Biddle & Reath LLP and Michael J. Stortz , California, pro hac vice, Miami, for appellant.

Gonzalo R. Dorta and Christian W. Waugh , Ocala, for appellee.

Before ROTHENBERG and EMAS, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

The order under review denying arbitration is reversed for a determination after an evidentiary hearing of the threshold issue of whether the arbitration clause was contained in a binding agreement between the parties. See Travelers Ins. Co. v. Irby Constr. Co. 816 So.2d 829, 830 (Fla. 3d DCA 2002); Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 425 So.2d 127

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