04-1528 FISHER V. POTASH

State: Florida

Court: Florida Third District Court

Docket No: 04-1528 FISHER V. POTASH

Case Date: 08/11/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ** ** Appellant, vs. DR. IRWIN POTASH, etc., et al., Appellees. ** Opinion filed August 11, 2004. An Appeal of a non-final order from the Circuit Court for Miami-Dade County, Ronald M. Friedman, Judge. Greenberg Traurig and Alan T. Dimond and Elliot H. Scherker and Elliot B. Kula, for appellant. Aragon, Burlington, Weil, Schwiep, Phillips, Eisenger & Brown, for appellees. Kaplan & Blonsky; ** ** ** LOWER TRIBUNAL CASE NO. 02-23067 CASE NO. 3D04-1528

FISHER ISLAND HOLDINGS, L.L.C.,

Before SCHWARTZ, C.J. and COPE and FLETCHER, JJ. PER CURIAM. Fisher Island Holdings, L.L.C. appeals the order issued by the circuit court granting in part and denying in part Fisher

Island's motion to compel arbitration and to stay litigation, or in the alternative, for enlargement of time. We reverse. Although the trial court correctly granted Fisher Island's motion to compel arbitration, it erred in limiting its scope to determining the definition of the term "true costs." We find

that all the issues stated in Fisher Island's arbitration demand are arbitrable. We, therefore, remand the case for entry of an

order granting the arbitration demand in toto. Reversed and remanded.

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