District Court of Appeal of Florida October 16, 1990, No. 89-2483 (Kelly v. Azar)

PER CURIAM.

The defendants, Frank Kelly and Jose-phthal & Co., Inc. [collectively referred to as “Josephthal”], appeal from a non-final order denying their motion to stay pending arbitration. We have jurisdiction pursuant to rule 9.130(a)(3)(C)(v), Florida Rules of Appellate Procedure and reverse and remand for an evidentiary hearing.