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792 So. 2d 1275

Docket No. 4D01-1109.

Ebbitt v. TERMINIX INTERN. CO. LTD.

Angela Marie EBBITT, Appellant, v. The TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP, a foreign limited partnership, Appellee.

District Court of Appeal of Florida

Decided September 5, 2001.

District Court of Appeal of Florida · decided 2001-09-05

Cited by 2 later decisions — most recently June 2019

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-09-05

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¶1*1276 Brian K. McMahon of Brian K. McMahon, P.A., Miami, for appellant.

¶2James M. Nicholas of James M. Nicholas, P.A., Melbourne, for appellee.

¶3

ORDER DISMISSING NON-FINAL APPEAL FOR LACK OF JURISDICTION

¶4KLEIN, J.

¶5The order appealed is a non-final order granting a motion filed pursuant to Florida Rule of Civil Procedure 1.800 and entitled "Motion for Referral to Arbitration." Although we previously denied appellee Terminix's motion to dismiss for lack of jurisdiction, we now conclude that this order is not appealable.

¶6The only rule which could possibly authorize this non-final appeal is Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), which allows non-final appeals to be taken from orders which determine the "entitlement" of a party to arbitration. The use of the word "entitlement" in the rule reflects that the rule was intended to authorize appeals from orders determining if a party has a right to arbitration. Rule 1.800, which resulted in this order, grants trial courts discretion to order non-binding arbitration or mediation as a method of alternative dispute resolution. Appellant indeed argues that the order she is appealing was an abuse of discretion.

¶7Because this order did not determine entitlement to arbitration we have no jurisdiction. We therefore dismiss the appeal.

¶8DELL and STEVENSON, JJ., concur.

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