![]() ![]() The contract between the parties stated: “This contract is subject to all of SkyNetWEB's terms, conditions, user and acceptable use policies located at. Affinity responded with a motion to compel arbitration and to stay discovery and further proceedings in the circuit court, asserting that all of Consolidated's claims arose out of the contractual relationship and were, therefore, subject to arbitration.Ĭonsolidated opposed the motion, arguing that the contract between the parties did not contain an arbitration clause and that any collateral documents relied upon by Affinity to show otherwise were not a part of the contract. Some time later, Consolidated filed a complaint against Affinity alleging breach of contract, unjust enrichment, fraud in the inducement, and Violation of Florida's Deceptive and Unfair Trade Practices Act. (Consolidated) and Affinity Internet, Inc., d/b/a/ SkyNetWEB (Affinity) entered into a contract pursuant to which Affinity was to provide computer and web hosting internet services to Consolidated. We hold the trial court did not err and affirm the order of the trial court.Ĭonsolidated Credit Counseling Services, Inc. The issue before us is whether the trial court erred in denying appellant's motion to compel arbitration without an evidentiary hearing to determine whether the contract contained a valid agreement to arbitrate. This is an appeal from an order denying appellant's motion to compel arbitration. Armbruster of Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, for appellee. Ede of Salas, Ede, Peterson & Lage, LLC, South Miami, for appellant. CONSOLIDATED CREDIT COUNSELING SERVICES, INC., a Florida corporation, Appellee. ![]() District Court of Appeal of Florida,Fourth District.ĪFFINITY INTERNET, INC., d/b/a SkyNetWEB, Appellant, v.
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