Mel Smith, Inc. v. St. Catherine Laboure Manor, Inc. , 2000 Fla. App. LEXIS 2613 ( 2000 )

PER CURIAM.

This is an appeal of an order denying appellant’s motion to stay arbitration. Initially, we deny appellee’s motion to dismiss the appeal. The order was properly ap-pealable as a non-final order because it determined appellee’s entitlement to proceed with arbitration. See Fla. R.App. P. 9.130(a)(3)(C)(v).

On the merits, we agree that the trial court correctly decided that appellee did not waive its demand for arbitration.

AFFIRMED.

ERVIN, BOOTH and WOLF, JJ., CONCUR.