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Benitez v. Bell Microproducts-Future Tech

Citations: 880 So. 2d 1278; 2004 Fla. App. LEXIS 13037; 2004 WL 1933548Docket: Nos. 3D04-989, 3D04-993

Court: District Court of Appeal of Florida; September 1, 2004; Florida; State Appellate Court

Narrative Opinion Summary

The Order Granting Motion to Stay Pending Arbitration dated March 24, 2004, has been vacated following a joint stipulation and motion filed by the Appellants (Coldwell Banker Residential Real Estate, Inc., Raul Benitez, and Virginia Benitez) and the Appellees (Saddy Abaunza Delgado, P.A., Saddy Abaunza Delgado, and Bell Microproducts-Future Tech, Inc.). Consequently, the appeal is dismissed, with each party responsible for its own fees and costs associated with the appeal.

Legal Issues Addressed

Dismissal of Appeal by Agreement

Application: The appeal was dismissed by mutual agreement of the parties, with each party bearing its own costs and fees associated with the appeal.

Reasoning: Consequently, the appeal is dismissed, with each party responsible for its own fees and costs associated with the appeal.

Vacating Orders Due to Joint Stipulation

Application: The original order to stay proceedings pending arbitration was vacated as a result of a joint stipulation and motion by both parties involved in the appeal.

Reasoning: The Order Granting Motion to Stay Pending Arbitration dated March 24, 2004, has been vacated following a joint stipulation and motion filed by the Appellants and the Appellees.