Opinion
No. 4D99-2053.
Opinion filed November 15, 2000.
Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 98-9569 CACE09.
Reversed and Remanded.
Byron G. Petersen of Petersen Hawthorne, P.A., Fort Lauderdale, for appellants.
Richard A. Warren of Hardeman Suarez, P.A., Miami, for appellee.
We reverse an order granting appellee's motion to compel arbitration. The trial court granted the motion to compel based on the parties' agreement for sale which referenced a third party warranty insurance agreement obtained by the builder. While that insurance agreement contained an arbitration provision, the purchase agreement did not specifically incorporate that provision. As such, there was no legal basis upon which the trial court could have ordered arbitration. See Regency Island Dunes, Inc. v. Foley and Assocs. Constr. Co., 697 So.2d 217 (Fla. 4th DCA 1997) (holding that a party who has not expressly or implicitly agreed to be bound by an arbitration agreement cannot be compelled to arbitrate).
REVERSED and REMANDED.
WARNER, C.J., and KLEIN, J., Concur.