District Court of Appeal of Florida

Denial of defendant-builder's motion to compel arbitration is affirmed where the arbitration provision at issue was placed in a warranty agreement that was independent from the contract for purchase and sale, the warranty would not cover all of the failures in construction alleged in plaintiff's complaint, and thus, the provision applied only to disputes arising out of or related to the warranty.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Raymond M. Masciarella, II, North Palm Beach, for appellant.


• For Appellees:
  
• Peter J. Sosin of Sweetapple, Broeker, Varkas & Sosin, Boca Raton, for appellee.