Citations
- 609 So. 2d 161
Full opinion text
PER CURIAM.
AFFIRMED.
LETTS and FARMER, JJ., concur.
ANSTEAD, J., dissents with opinion.
ANSTEAD, Judge,
dissenting.
By sworn affidavit, the appellant has created an issue of fact as to whether the arbitration provision of the parties’ contract was subsequently waived in writing. Accordingly, I would hold that the trial court erred in failing to conduct an eviden-tiary hearing on the arbitration issue in accord with our holding in Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 425 So.2d 127 (Fla. 4th DCA 1982), rev. denied, 433 So.2d 519 (Fla.1983).