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GENERAL ELEC. CORP. v. BIO-MASS TECH, INC.

No. 2D13-1657.

136 So.3d 698 (2014)

GENERAL ELECTRIC CAPITAL CORPORATION, Appellant, v. BIO-MASS TECH, INC., Appellee.

District Court of Appeal of Florida, Second District.

February 12, 2014.

Attorney(s) appearing for the Case

Leo Benitez of Benitez & Associates, Coral Gables, for Appellant.

Jack D. Hoogewind , Dade City, for Appellee.

MORRIS, Judge.

General Electric Capital Corporation appeals an order staying the trial court action below and compelling arbitration on General Electric's complaint for replevin and breach of note and security agreement filed against Bio-Mass Tech, Inc. General Electric claims that Bio-Mass waived any right to arbitration when it actively and substantively engaged in litigation before the trial court. We agree and reverse the trial court's order.

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