John S. Harlow v. Tier 1 Pest Solutions, LLC
The Second District held that the trial court invaded the arbitrator's statutory province by deciding that mediation was a condition precedent to arbitration and that it had to occur first, reversing that portion of the order. Following Patterson v. Melman, the court held that under sections 682.02 and 682.03 the arbitrator, not the court, decides whether a condition precedent exists and has been fulfilled. It affirmed the denial of the motion to dissolve the temporary injunction.
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