
    MEL SMITH, INC., v. ST. CATHERINE LABOURE MANOR, INC., Appellee.
    No. 1D99-578.
    District Court of Appeal of Florida, First District.
    March 9, 2000.
    Kurt H. Dunkle and F. Eugene Atwood of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for Appellant.
    Fred J. Lotterhos III and Scott D. Ma-kar of Holland & Knight LLP, Jacksonville, for Appellee.
   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.  