ORTHOPAEDIC INSTITUTE TOI LLC v. BERK (2022)

District Court of Appeal of Florida, First District.

The ORTHOPAEDIC INSTITUTE, P.A., and TOI Holdings, LLC, Appellants/Cross-Appellees, v. James W. BERK, M.D., Appellee/cross-Appellant.

No. 1D21-962

Decided: March 30, 2022

Peter W. Zinober and Christopher M. Cascino of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Tampa, for Appellants/Cross-Appellees. John S. Mills of Bishop & Mills, PLLC, Jacksonville; Jonathan A. Martin of Bishop & Mills, PLLC, Tallahassee, for Appellee/Cross-Appellant.

We affirm the trial court's order denying in part a motion to compel arbitration. We dismiss the cross-appeal for lack of jurisdiction. See Diversicare Mgmt. Servs. Co. v. Estate of Catt ex rel. Cook, 267 So. 3d 560, 562–63 (Fla. 2d DCA 2019) (holding that Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) does not permit interlocutory review of issues relating to collateral matters); A.G. Edwards & Sons, Inc. v. Wilson, 523 So.2d 1150, 1151 (Fla. 2d DCA 1987) (same).

Per Curiam.

Rowe, C.J., and Jay and Long, JJ., concur.

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