Pastor v. Latin American Property & Casualty Insurance Co.

PER CURIAM. The appellee confesses error on the authority of Roe v. Amica Mut. Ins. Co., 533 So.2d 279 (Fla.1988), decided after this appeal was filed. Roe disapproves of Berger v. Fireman’s Fund Ins. Co., 515 So.2d 997 (Fla. 3d DCA 1987), invalidating an escape clause in an agreement to arbitrate, which was relied upon by the trial court. Accordingly, the order dismissing the appellant’s motion to compel arbitration is reversed and the cause is remanded for consistent proceedings.