HARDY CONTRACTORS, INC., APPELLANT,
v.
HOMELAND PROPERTY OWNERS ASSOCIATION AND MILLER-AMERICAN INDUSTRIES, INC., ETC., APPELLEES
PER CURIAM.
We affirm the trial court’s order denying appellant’s motion to dismiss appellee’s third-party complaint which found that appellant waived its right to arbitration. However, we do so without prejudice to appellant’s filing of another motion to dismiss based upon the grounds left unresolved by the trial court’s order. HERSEY, C.J., and GLICKSTEIN, J., concur. ANSTEAD, J., dissents with opinion.
ANSTEAD, Judge,
dissenting.
Because the appellant raised the arbitration issue at the earliest opportunity I would uphold the right to arbitration despite appellant’s subsequent request for discovery. Florida public policy now strongly favors arbitration, and I think this policy should prevail. In addition, I see no real conflict between first raising one’s right to arbitration and then conducting discovery while the arbitration issue is pending. I fail to see how inquiring about the factual bases for a claim is somehow inconsistent with the assertion that the claim should be resolved by arbitration.
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Green Tree Servicing, LLC v. McLEOD, 15 So. 3d 682 (Fla. 2d DCA 2009)…tration clause, and the attorney filed a motion requesting arbitration as soon as he received a copy of the contract, which was within two months of the service of the summons and complaint); Hardy Contractors, Die. v. Homeland, Prop. Oivners Ass’n, 558 So. 2d 543 (Fla. 4th DCA 1990) (disagreeing with the dissenting judge’s view that a third-party defendant which timely raised its right to arbitration and subsequently participated in discovery related to the merits while the arbitration issue was pending did…