
    UNION ELECTRIC CONSTRUCTION CORPORATION, Appellant, v. JANSEN COMPANY OF FLORIDA, INC., Appellee.
    No. 83-1818.
    District Court of Appeal of Florida, Fourth District.
    June 6, 1984.
    Joseph A. Vassallo and Paul A. Sack of Vassallo & Pheterson, P.A., Palm Springs, for appellant.
    Lynn W. Hamrich of Shackleford, Farri- or, Stallings & Evans, P.A., Tampa, for appellee.
   PER CURIAM.

We treat this appeal as a petition for common law certiorari. Hansen v. Dean Witter Reynolds, Inc., 408 So.2d 658 (Fla. 3d DCA 1982). The order in question which granted the Motion to Compel Arbitration is quashed. The cause is remanded with instructions to conduct an evidentiary hearing after notice upon the Motion to Compel Arbitration filed by Jansen Company of Florida, Inc. Merrill Lynch, Pierce, Fenner & Smith v. Melamed, 425 So.2d 127 (Fla. 4th DCA 1982); Merrill Lynch, Pierce, Fenner & Smith v. Falowski, 425 So.2d 129 (Fla. 4th DCA 1982).

Certiorari granted.

HERSEY and WALDEN, JJ., concur.

LETTS, J., dissents with opinion.

LETTS, Judge,

dissenting.

Based on the pleadings and affidavits in the file, the record unequivocally stands for the proposition that the appellant was the one who requested the judge to rule on the motion to arbitrate which it now insists the judge was in error for so doing.

Moreover this case concerns a $384,100 written contract out of which the appellant here wishes to excise $6,490. The record also demonstrates to my satisfaction that this latter de minimus sum, allegedly a totally separate oral contract, is in fact part and parcel of the whole.  