MACRO CAPITAL CORPORATION USA v. THE SOFFER GROUP SOFFER (2002)

District Court of Appeal of Florida,Third District.

MACRO CAPITAL CORPORATION, a Florida corporation; Rafael Resort Investors, L.P., a Delaware Limited Partnership; Rafael Group, Ltd., a British Virgin Islands company; Georg A. Rafael, individually; Rafael Hotels Asia, Limited, a Hong Kong company; Rafael Hotels, Limited, a British Virgin Islands company; Rafael Hotels, Ltd. (USA), a New York corporation; and Resort Investors Limited, a British Virgin Islands company, Petitioners, v. THE SOFFER GROUP, by and, through its Managing Partner, Donald M. SOFFER, Respondent.

No. 3D02-467.

Decided: July 17, 2002

Before GERSTEN, SHEVIN and SORONDO, JJ.

Zuckerman & Spaeder and Ronald B. Ravikoff and Thomas Meeks and Helaine B. Batoff, Miami, for petitioners. De La O & Marko and Miguel De La O, Miami, and Daniel L. Leyton, Boca Raton; Samuel I. Burstyn, Miami, for respondent.

We grant Macro-Capital Corporation's petition for writ of certiorari, and quash the portions of the trial court's order that reserve jurisdiction over discovery as the cause proceeds in arbitration under the Federal Arbitration Act. The court departed from the essential requirements of law in making such a reservation. Suarez-Valdez v. Shearson Lehman/American Express, Inc., 858 F.2d 648, 649 (11th Cir.1988); see § 382.03(3), Fla. Stat. (2002); Greenstein v. Baxas Howell Mobley, Inc., 583 So.2d 402, 403 (Fla. 3d DCA 1991).

Certiorari granted; order quashed in part.

SHEVIN, Judge.

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