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TRULY NOLEN OF AMERICA v. KING COLE CONDO.

No. 3D14-477.

143 So.3d 1015 (2014)

TRULY NOLEN OF AMERICA, INC., Appellant, v. KING COLE CONDOMINIUM ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

July 23, 2014.

Attorney(s) appearing for the Case

Marlow, Adler, Abrams, Newman & Lewis, and Rosemary Wilder , Coral Gables, for appellant.

Cardillo Law Firm, and Peter M. Cardillo , Tampa, for appellee.

Before ROTHENBERG, LAGOA, and EMAS, JJ.

ROTHENBERG, J.

Truly Nolen of America, Inc. ("Truly Nolen") appeals a trial court order finding that it waived its right to compel arbitration by filing a motion to transfer venue based on forum non conveniens while simultaneously filing a motion to compel arbitration. Because the actions taken by Truly Nolen were not inconsistent with its right to enforce the mandatory arbitration clause in the parties' contract, we reverse and remand for further proceedings.

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