District Court of Appeal of Florida April 20, 1988, No. 87-3347 (Bardinella Designs, Inc. v. Spirit Construction, Inc.)

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United States · · · 20-04-1988

GUNTHER, Judge.

We reverse. The trial court erred in granting Spirit Construction, Inc.’s motion to dismiss and to compel arbitration. Compelling arbitration was improper since Bar-dinella Designs, Inc., sought a declaratory judgment that the contract was invalid and the validity of the contract had not yet been determined. Caltagirone v. School Board of Hernando County, 355 So.2d 873 (Fla.

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