American Health Ass'n, Inc. v. Helprin, 77-2010

Decision Date21 March 1978
Docket NumberNo. 77-2010,77-2010
Citation357 So.2d 204
PartiesAMERICAN HEALTH ASSOCIATION, INC., a Florida Corporation, and William H. Zibell, Appellants, v. Herbert HELPRIN, an Individual, Health Association of Pembroke Pines, Inc., a Florida Corporation, and Lee Stuart, an Individual, Appellees.
CourtFlorida District Court of Appeals

Coleman R. Rosenfield of Graham, Hodge, Swan & Larson, Fort Lauderdale, for appellants.

Kim Douglas Sherman of Edwards, Dubner, Sherman & Rayson, Fort Lauderdale, for appellees Helprin and Health Association of Pembroke Pines, Inc.

LETTS, Judge.

The opinion filed Febuary 21, 1978, is herewith withdrawn.

The ruling of the trial court denying the motion to dismiss, filed by the appellant at the trial level, is affirmed.

The basis for said motion was that the trial court lacked jurisdiction over the person, because the disputed contract contained a clause for arbitration prior to any lawsuit. 1 The appellee below argued that even if such were so, the right to arbitration had been waived by the conduct of the appellant.

We do not believe we can reach the merits of this cause. The appellants contend that Fla.App. Rule 4.2 permits interlocutory appeals from pre-trial orders relating to jurisdiction over the person. That is correct, but we disagree that the denial of the instant motion to dismiss was such an appealable order.

To us, jurisdiction over the person, for example, refers to service of process, or the applicability of the long arm statute to non-residents. Paradis v. Cicero, 167 So.2d 248 (Fla. 2d DCA 1964). In the case at bar, we perceive the problem to be one of jurisdiction over the subject matter, not reviewable by interlocutory proceeding.

It is true that we could treat this matter as one of common law certiorari, but we believe that there is full, adequate and complete remedy available after final judgment in this case. Siegal v. Abramowitz, 309 So.2d 234 (Fla. 4th DCA 1975). It would be both convenient and saving of costly, protracted and possibly useless litigation, if we were to agree to review all rulings of trial judges as they occur. However, such is impractical when one considers the resulting logistics of such a course, coupled with those who would immediately subvert it for dilatory purposes.

THE APPEAL IS DISMISSED.

ALDERMAN, C. J., and CROSS, J., concur.

1 Although harmless in the light of our conclusion, Article VIII of the contract allegedly containing the arbitration clause was...

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12 cases
  • Warren v. Southeastern Leisure Systems, Inc.
    • United States
    • Florida District Court of Appeals
    • March 23, 1988
    ...Inc. v. Lake Tippecanoe Owners Ass'n, 395 So.2d 592 (Fla. 2d DCA 1981), approved, 417 So.2d 655 (Fla.1982); American Health Ass'n v. Helprin, 357 So.2d 204 (Fla. 4th DCA 1978). The order appealed is one that determines appellee's right to proceed with the impleader action, National Lake Dev......
  • General Development Corp. v. Stanislaus
    • United States
    • Florida District Court of Appeals
    • May 30, 1989
    ...of the person" refers to service of process or the applicability of the long arm statute to nonresidents. American Health Association v. Helprin, 357 So.2d 204 (Fla. 4th DCA 1978). The defendants in the present case have not raised such matters. Indeed, it would not even be their place to d......
  • Shaver v. N. C. Monroe Const. Co.
    • United States
    • North Carolina Court of Appeals
    • November 3, 1981
    ...not immediately appealable. Allen v. Wachovia Bank and Trust Co., 35 N.C.App. 267, 241 S.E.2d 123 (1978); American Health Association v. Helprin, 357 So.2d 204 (Fla.Ct.App.1978). The defendants' motion challenged the state court's subject matter jurisdiction. Indeed, both parties' briefs de......
  • Cole v. Posada, s. 89-1669
    • United States
    • Florida District Court of Appeals
    • September 12, 1989
    ...Owners Association, Inc., 395 So.2d 592 (Fla.2d DCA 1981), approved, 417 So.2d 655 (Fla.1982); American Health Association, Inc. v. Helprin, 357 So.2d 204 (Fla. 4th DCA 1978). It relates to "matters concerning the court's jurisdiction or power to bind [defendants] to any ultimate decision r......
  • Request a trial to view additional results

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