Narrative Opinion Summary
An appeal was made regarding an order of dismissal. The trial court correctly determined that the Federal Arbitration Act applied, necessitating that arbitration occur first. However, the proper course of action for this case is to stay proceedings until arbitration is completed, as outlined in 9 U.S.C. § 3 (1980) and supported by case law, including *Sam Reisfeld & Son Import Co. v. S.A. Eteco*, 530 F.2d 679 (5th Cir. 1976) and *Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed*, 405 So.2d 790, 793 (Fla. 4th DCA 1981). The order of dismissal is reversed, and the case is remanded for the issuance of a stay order. Judges Sharp and Cobb concur.
Legal Issues Addressed
Application of the Federal Arbitration Actsubscribe to see similar legal issues
Application: The trial court determined that the Federal Arbitration Act was applicable, requiring arbitration to occur before court proceedings.
Reasoning: The trial court correctly determined that the Federal Arbitration Act applied, necessitating that arbitration occur first.
Procedure When Arbitration is Requiredsubscribe to see similar legal issues
Application: Instead of dismissing the case, the court should issue a stay of proceedings pending completion of arbitration as per federal statute and precedent.
Reasoning: However, the proper course of action for this case is to stay proceedings until arbitration is completed, as outlined in 9 U.S.C. § 3 (1980) and supported by case law, including Sam Reisfeld & Son Import Co. v. S.A. Eteco, 530 F.2d 679 (5th Cir. 1976) and Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 405 So.2d 790, 793 (Fla. 4th DCA 1981).
Reversal of Order of Dismissalsubscribe to see similar legal issues
Application: The appellate court reversed the trial court's order of dismissal and remanded the case to issue a stay order.
Reasoning: The order of dismissal is reversed, and the case is remanded for the issuance of a stay order.