ANIBAL PASTOR, APPELLANT,
v.
LATIN AMERICAN PROPERTY & CASUALTY INSURANCE COMPANY, APPELLEE
ANIBAL PASTOR, APPELLANT,
LATIN AMERICAN PROPERTY & CASUALTY INSURANCE COMPANY, APPELLEE
534 So. 2d 820
Florida District Court of Appeal, Third District (1988)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The appellee confesses error on the authority of Roe v. Amica Mut. Ins. Co., 533 So. 2d 279 (Fla.1988), decided after this appeal was filed. Roe disapproves of Berger v. Fireman’s Fund Ins. Co., 515 So. 2d 997 (Fla. 3d DCA 1987), invalidating an escape clause in an agreement to arbitrate, which was relied upon by the trial court.
Accordingly, the order dismissing the appellant’s motion to compel arbitration is reversed and the cause is remanded for consistent proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ludovici v. McKINESS, 545 So. 2d 335 (Fla. 3d DCA 1989)…l; the court, on its own initiative, ordered the dismissal without prejudice. A trial court lacks jurisdiction to vacate an order of dismissal without prejudice after the order becomes final. Libasci v. Chrysler First Fin. Serv. Corp. of Fla., Inc., 534 So. 2d 820 (Fla. 3d DCA 1988). An exception to this finality is a Rule 1.540 motion. Miller, 484 So. 2d at 1223. The trial court has jurisdiction to entertain a timely motion for rehearing or to revisit the cause on the court’s own initiative within the time a…
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Latin Am. Prop. & Cas. Ins. Co. v. Anibal Pastor, 561 So. 2d 1302 (Fla. 3d DCA 1990)…pursuant to the insurance contracts. Pastor’s action to compel arbitration was originally dismissed, and he appealed to this court. During that appeal, Latin American confessed error. Pastor v. Latin American Property & Casualty Insurance Company, 534 So. 2d 820 (Fla. 3d DCA 1988). On remand, the trial court entered a final judgment in favor of Pastor, compelling Latin American to arbitrate. Having obtained a judgment against Latin American, Pastor then sought attorney’s fees pursuant to Section 627.428(1)…
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Cecilia v. United Servs. Auto. Ass'n, 534 So. 2d 1249 (Fla. 3d DCA 1988)…ority of Roe v. Amica Mut. Ins. Co., 533 So. 2d 279 (Fla.1988). Accordingly, the order dismissing the motion to compel arbitration is reversed, and the cause is remanded for further proceedings. See Pastor v. Latin American Property & Cas. Ins. Co., 534 So. 2d 820 (Fla. 3d DCA 1988). REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.…
Authorities Cited
- ROE v. AMICA Mut. Ins. Co., 533 So. 2d 279 (Fla. 1988)
- Berger v. Fireman's Fund Ins. Co., 515 So. 2d 997 (Fla. 3d DCA 1987)