Early Resolution of Motion to Compel Arbitration Is Not Always Mandated, Appeals Court Says

LAKELAND, Fla. - According to an Aug. 14 opinion by Florida's second district court of appeals, a lower court's desire to promptly rule on a motion to compel arbitration in a class action case concerning allegations of building code violations, toxic mold and personal injury, was understandable but in error. Pulte Home Corporation v. Susan M. Smith, et al., No. 2D01-3761 (Fla. Ct. App., 2nd Dist.).

The appeals court found that the trial court erred in denying the defendant's motion to compel arbitration without first determining other preliminary issues, such as motions directed at the sufficiency of the pleadings, the …