Preferred Mutual Insurance v. Matrix Construction Corp. (662 So. 2d 432, 1995)

PER CURIAM.

We reverse a trial court’s order referring a matter to arbitration, finding that the appel-lees waived the right to arbitrate by seeking the benefits of discovery rules prior to filing their motion to arbitrate. Hardin Int’l, Inc. v. Firepak, Inc., 567 So.2d 1019 (Fla. 3d DCA 1990); Rolls v. Bliss & Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA 1981), appeal dismissed 415 So.2d 1359 (Fla.1982); Winter v. Arvida Corp., 404 So.2d 829 (Fla. 3d DCA 1981).

Therefore, the matter is returned to the trial court for further proceedings therein.

Reversed and remanded.