FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC., A FLORIDA NONPROFIT CORPORATION, APPELLANT,
v.
A & G BLATON OF FLORIDA, INC. AND NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, P.A., APPELLEES
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PER CURIAM.
Appellant appeals a final order dismissing its amended complaint, and an order taxing costs against it, on appellant’s action for breach of a construction contract. Appellees cross-appeal from an order denying their motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes (1989). We affirm the orders dismissing appellant’s complaint and taxing costs based on a ruling that the parties had entered into a contract with a valid and binding arbitration clause. See Sabates v. International Medical Centers, Inc., 450 So. 2d 514 (Fla. 3d DCA 1984); Collier Land Corporation v. Royal Palm Beach Realty, Inc., 338 So. 2d 859 (Fla. 3d DCA 1976), cert. denied, 348 So. 2d 945 (Fla.1977).
We also affirm the order denying appel-lees' motion for attorney’s fees based upon a holding that there was not a complete absence of a justiciable issue raised by appellant’s complaint. § 57.105(1), Fla. Stat. (1989); Muckenfuss v. Deltona Corporation, 508 So. 2d 340 (Fla.1987); Personnel One, Inc. v. John Sommerer & Company, P.A., 564 So. 2d 1217 (Fla. 3d DCA 1990).
Affirmed.
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Liberty Commc'ns, Inc. v. MCI Telecomms. Corp., 733 So. 2d 571 (Fla. 5th DCA 1999)…Ltd. Partnership v. Mason, 677 So. 2d 105 (Fla. 4th DCA 1996) (there is authority holding that motion to dismiss is appropriate vehicle for obtaining enforcement of arbitration clause, Florida Keys Elec. Co-op. Ass’n. v. A & G Blaton of Fla., Inc., 574 So. 2d 1225 (Fla. 3d DCA 1991), but better view is to treat motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03, Florida Statutes). On appeal, Liberty and Hitchens filed a joint brief and argue that the trial court erred in granting…
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Neate v. Cypress Club Condo., Inc., 718 So. 2d 390 (Fla. 4th DCA 1998)…vered by the arbitration agreement. We then explained: “There is authority holding that a motion to dismiss is an appropriate vehicle for obtaining enforcement of an arbitration clause. Florida Keys Elec. Coop. Ass’n. v. A & G Blaton of Fla., Inc., 574 So. 2d 1225 (Fla. 3d DCA 1991). We think, however, the better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03.” 677 So. 2d at 107. Section 682.03(3) is part of the Florida Arbitration Code and provides that:…
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Emsa Ltd. P'ship v. Mason, 677 So. 2d 105 (Fla. 4th DCA 1996)…ing, the order for arbitration shall include such stay. There is authority holding that a motion to dismiss is an appropriate vehicle for obtaining enforcement of an arbitration clause. Florida Keys Elec. Coop. Ass’n. v. A & G Blaton of Fla., Inc., 574 So. 2d 1225 (Fla. 3d DCA 1991). We think, however, the better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03. We accordingly reverse and remand. KLEIN and GROSS, JJ., concur. . As an exception to the arbit…
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- Muckenfuss v. Deltona Corp., 508 So. 2d 340 (Fla. 1987)
- William I. Sabates, M.D. v. Int'l Med. Ctrs., Inc., 450 So. 2d 514 (Fla. 3d DCA 1984)
- Pers. ONE, Inc. v. John Sommerer & Co., P.A., 564 So. 2d 1217 (Fla. 3d DCA 1990)
- Collier Land Corp. v. Royal Palm Beach Realty, Inc., 338 So. 2d 859 (Fla. 3d DCA 1976)