4D07-3532-Open MRI of Okeechobee, LLC v. Aldana

State: Florida

Court: Florida Fourth District Court

Docket No: 4D07-3532

Case Date: 12/12/2007

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2007

OPEN MRI OF OKEECHOBEE, LLC, ANDREW S. GALLANT, ANDREW T. WALKER, and HENRY R. ZAYAS, Appellants, v. PETER ALDANA, IQBAL AHMED, and JOHN CHANG, Appellees. No. 4D07-3532 [December 12, 2007] ON MOTION FOR REVIEW OF STAY ORDER GROSS, J. This is a motion for review of an order denying a stay of circuit court proceedings filed pursuant to Florida Rule of Appellate Procedure 9.310(f). The appellants moved to compel arbitration in the circuit court. The trial judge denied their motion and later denied their motion to stay the circuit court action pending this appeal. We reject appellants' argument that section 682.03(3), Florida Statutes (2006), mandates that a stay be granted in this case. That section provides that "[a]ny action or proceeding involving an issue subject to arbitration . . . shall be stayed if an order for arbitration or an application therefor has been made under this section. . . ." The Arbitration Code uses the term "application" as a synonym for "motion." See

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