NORTH BROWARD HOSPITAL DISTRICT OF BROWARD COUNTY, F/U/B/O TRULAND OF FLORIDA, INC., APPELLANT,
v.
WILLIAM PASSALACQUA BUILDERS, INC., AND GENERAL INSURANCE COMPANY OF AMERICA, APPELLEES

Fla. 4th DCA | 1975-05-09
No. 74-1646
WALDEN and MAGER, JJ., concur.
312 So. 2d 206 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 1 case


Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

North Broward Hospital District, as use plaintiff, filed suit for the use and benefit of Truland of Florida, Inc., to recover monies due Truland as a subcontractor on a construction contract with appellee William Passalacqua Builders, Inc., the general contractor. Appellees filed motions to dismiss and motions to stay the proceeding pending arbitration of the claim, pursuant to the contract between the parties. The motion to stay the proceeding and require appellant to submit to arbitration was granted and appellant seeks review of that order. The action below was one formerly cognizable at law and the order staying the proceeding and requiring the parties to submit to arbitration is an interlocutory order. Thus, this court does not have jurisdiction to entertain the appeal.

Accordingly, this appeal is dismissed.

WALDEN and MAGER, JJ., concur.


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  • …g motion to compel arbitration, without dismissal of complaint, did not finally terminate litigation and was not appealable, although reviewable by certiorari); North Broward Hospital District of Broward County v. William Passalacqua Builders, Inc., 312 So. 2d 206 (Fla. 4th DCA 1975) (order staying, but not dismissing, court action and compelling arbitration not appealable). Compare further Lapidus v. Arlen Beach Condominium Association, Inc., 394 So. 2d 1102 (Fla. 3d DCA 1981); Vic Potamkin Chevrolet, Inc. v…

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