ROBERT K. KESSEL, JERRY S. WOODS, EDWIN H. CHAMBERLAIN, AND DOWN EAST DEVELOPMENT, INC., APPELLANTS,
v.
ROBERTO DUGAND, HUMBERTO VALDEZ, DILYS CORP., MBA INVESTMENTS, INC., ETC., ET AL., APPELLEES

Fla. 4th DCA | 1986-01-29
No. 85-827
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
481 So. 2d 1004 Florida District Court of Appeal, Fourth District (1986)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants’ non-final appeal, which we treat as a petition for certiorari, see Vic Potamkin Chevrolet, Inc. v. Bloom, 386 So. 2d 286 (Fla. 3d DCA 1980); Lumbermen’s Mutual Casualty Co. v. Beaver, 355 So. 2d 441 (Fla. 4th DCA 1978); see also Beemik Builders & Contractors, Inc. v. Huber Plumbing, Inc., 476 So. 2d 780 (Fla. 4th DCA 1985), challenges the trial court’s refusal to compel arbitration of a punitive damage claim by reserving jurisdiction to decide that issue while referring the remainder of the related issues to arbitration. On the authority of Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 453 So. 2d 858 (Fla. 4th DCA 1984), aff'd, 476 So. 2d 140 (Fla.1985), we grant the writ and quash the reservation of jurisdiction provision.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.


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