Malone & Hyde, Inc. v. RTC Transportation, Inc.

DELL, Judge.

Appellant contends that the trial court erred when it entered an order compelling arbitration and staying proceedings in the trial court. We agree and reverse.

This appeal arises out of an action for personal injuries sustained in an automobile accident. The plaintiff in the personal injury action sued the parties to this appeal. Upon settlement of the personal injury action, appellant and appellees entered into a stipulation for judgment of dismissal. The stipulation included the following provision:

This language shall not effect the already agreed to resolution via arbitration…