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Telecard Communications of Florida, Inc. v. Powell

Citations: 700 So. 2d 1235; 1997 Fla. App. LEXIS 10273; 1997 WL 559418Docket: No. 97-0696

Court: District Court of Appeal of Florida; September 10, 1997; Florida; State Appellate Court

Narrative Opinion Summary

The court reverses the part of the order that dismisses the action, instead opting to stay the proceedings pending arbitration as mandated. This decision references the precedent set in EMSA Ltd. Partnership v. Mason. The remaining aspects of the order are affirmed. The case is remanded for the entry of an order that stays the proceedings while arbitration is ongoing. The judges Stone, C.J., Pariente, and Stevenson concur with this decision.

Legal Issues Addressed

Affirmation of Non-Arbitration Related Orders

Application: The court affirmed the remaining aspects of the order that do not relate to the arbitration issue.

Reasoning: The remaining aspects of the order are affirmed.

Judicial Concurrence

Application: Judges Stone, C.J., Pariente, and Stevenson all concurred with the decision to stay the proceedings pending arbitration.

Reasoning: The judges Stone, C.J., Pariente, and Stevenson concur with this decision.

Precedent in Arbitration Cases

Application: The decision to stay proceedings and not dismiss the case is supported by the precedent set in EMSA Ltd. Partnership v. Mason.

Reasoning: This decision references the precedent set in EMSA Ltd. Partnership v. Mason.

Stay of Proceedings Pending Arbitration

Application: The court decided to stay the proceedings instead of dismissing the action, in accordance with arbitration requirements.

Reasoning: The court reverses the part of the order that dismisses the action, instead opting to stay the proceedings pending arbitration as mandated.