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ANDRE FRANKLIN, INC. v. WAX

No. 2D14-1151.

150 So.3d 815 (2014)

ANDRE FRANKLIN, INC., a Florida corporation, and Andre Franklin, individually, Appellants, v. Herb WAX and Jill Wax, Husband and Wife, Appellees.

District Court of Appeal of Florida, Second District.

October 8, 2014.

Attorney(s) appearing for the Case

Paul J. Kelly of Paul J. Kelly, P.A., St. Petersburg, for Appellants.

Marie Tomassi and Anne C. McAdams of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Appellees.

Andre Franklin, Inc., and Andre Franklin, individually, (collectively referred to as "Franklin"), appeal the trial court's denial of a motion to compel arbitration and motion to abate proceedings pending arbitration. Because Franklin did not take action inconsistent with its right to arbitration, it did not waive its right to arbitration...

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