6 Fla. L. Weekly Supp. 68a
Insurance — Error to order discovery after cause was dismissed upon insurer’s motion to refer claim to arbitration
UNITED EQUITABLE INSURANCE COMPANY, an Illinois corporation, Defendant\Appellant, vs. JOSE B. MACHADO, Plaintiff\Appellee. 11th Judicial Circuit in and for Dade County, Appellate Division. Case No. 97-388 AP. L.T. Case No. 97-3093 CC 25. Opinion filed October 23, 1998. An Appeal from County Court, Miami-Dade County, Edward Newman, Judge. Counsel: Amado A. Alvarez, for appellee. Beth M. Gordon, for appellant.
(Before PHILLIP BLOOM, GISELA CARDONNE, and JERI B. COHEN, JJ.) The trial Court dismissed the cause upon the appellant, insurer’s motion to refer the claim to arbitration. It appears that inadvertently the Court also ordered discovery, which would be inconsistent with the referral to arbitration.
Therefore, the orders for discovery are vacated and the cause is remanded to the trial Court for proceedings consistent with this opinion. (PHILLIP BLOOM, GISELA CARDONNE and JERI B. COHEN, JJ., concur.)
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