Presley v. Szerdi

We affirm the May 7 and May 15, 1997 orders which compel arbitration. Based on the record before it, the trial court properly determined that there was no fraud pertaining to the inclusion of .the arbitration clause in the Standard Form of Agreement Between Owner and Architect. See Passerrello v. Robert L. Lipton, Inc., 690 So.2d 610 (Fla. 4th DCA 1997); Ronbeck Constr. Co. v. Savanna Club Corp., 592 So.2d 344, 347 (Fla. 4th DCA 1992). Appellants’ theory of mutual mistake as a basis for rescission was not raised below and therefore cannot be raised on appeal. See Kozich v. Hartford Ins. Co.,…