COPACABANA V. WEA LATINA

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2001 MIGUEL LEBED SVIGILSKY, Appellant, vs. ** ** ** AMEDEX INSURANCE COMPANY & ** U.S.A. MEDICAL SERVICES, CORP., Florida corporations, Appellees. CASE NO. 3D01-515 LOWER TRIBUNAL NO. 00-13414 ** ** Opinion filed July 25, 2001. An Appeal from the Circuit Court for Miami-Dade County, Philip Bloom, Judge. Lopez & Best, and Virginia M. Best, for appellant. Hunton & Williams, and Vance E. Salter, and D. Patricia Wallace, and Thomas R. Julin, for appellees. Before SCHWARTZ, C.J., and GERSTEN, and GODERICH, JJ. PER CURIAM. Affirmed. GERSTEN and GODERICH, JJ., concur. 2 Svigilsky v. Amedex Insurance Co., et al. Case no. 3D01-515 SCHWARTZ, Chief Judge (specially concurring). Although, indeed because the issue is a close one, I agree that the arbitration clause of the insurance policy in question applies to the dispute involved in this case. See Roe v. Amica Mut. Ins. Co., 533 So. 2d 279 (Fla. 1988); Royal Caribbean Cruises, Ltd. v. Universal Employment Agency, 664 So. 2d 1107 (Fla. 3d DCA 1995); State Farm Fire & Cas. Co. v. Middleton, 648 So. 2d 1200 (Fla. 3d DCA 1995); see also Cuningham Hamilton & Quiter, P.A. v. B.L. of Miami Inc., 776 So. 2d 940 (Fla. 3d DCA 2000), and cases cited. 3

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