Rath v. Network Marketing, L.C. (798 So. 2d 886, 2001)

FARMER, J.

REVERSED. See Rath v. Network Marketing, 790 So.2d 461 (Fla. 4th DCA 2001). In light of our decision in Rath, wherein we held that arbitration had been waived, the order dismissing the counterclaim for rescission in favor of arbitration must also be reversed.

REVERSED AND REMANDED FOR CONSISTENT PROCEEDINGS.

KLEIN and TAYLOR, JJ., concur.