BARDINELLA DESIGNS v. SPIRIT CONST., 524 So.2d 703 (Fla.App. 4 Dist. 1988)

BARDINELLA DESIGNS, INC., APPELLANT, v. SPIRIT CONSTRUCTION, INC., APPELLEE.

No. 87-3347.District Court of Appeal of Florida, Fourth District.
April 20, 1988. Rehearing Denied May 31, 1988.

Appeal from the Circuit Court, Broward County, Harry G. Hinckley, Jr., J.

Page 704

Howard Todd Jaffe of Kaplan, Jaffe and Gates, P.A., Hollywood, for appellant.

Larry R. Leiby of Leiby and Elder, Miami, for appellee.

GUNTHER, Judge.

We reverse. The trial court erred in granting Spirit Construction, Inc.’s motion to dismiss and to compel arbitration. Compelling arbitration was improper since Bardinella Designs, Inc., sought a declaratory judgment that the contract was invalid and the validity of the contract had not yet been determined Caltagirone v. School Board of Hernando County, 355 So.2d 873
(Fla. 2d DCA 1978); R.B.F. Management Company v. Sunshine Towers Apartment Residences Association, 352 So.2d 561 (Fla. 2d DCA 1977).

REVERSED AND REMANDED.

DOWNEY and WALDEN, JJ., concur.