Legal Opinion

Fisher Island Holdings, L.L.C. v. Potash

District Court of Appeal of Florida

Decided February 4, 2004No. 3D03-3334Published

1Per curiam

We reverse an order of the trial court staying and abating an arbitration instituted by Fisher Island Holdings, L.L.C. (“Holdings”), a non-party to the litigation pending between the appellees. No jurisdiction over Holdings was obtained by judicial process, and Holdings did not voluntarily appear in the pending litigation by seeking any affirmative relief. Therefore, it was inappropriate to enter the order under review. See ATM Ltd. v. Caporicci Footwear Ltd., Corp., 867 So.2d 413, 2003 WL 22900630 (Fla. 3d DCA December 10, 2003); Norville v. BellSouth Advertising & Pub. Corp., 664 So.2d 16…

2Cases cited3 opinions

  1. Norville v. BELLSOUTH ADVERTISING AND PUBLISHING CORPORATIONDistrict Court of Appeal of Florida · 1995
  2. ATM LTD. v. Caporicci Footwear Ltd., Corp.District Court of Appeal of Florida · 2003
  3. Moretto v. StaubDistrict Court of Appeal of Florida · 1979

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