Palm Harbor Homes, Inc. v. Crawford

I concur in the holding that Palm Harbor Homes waived its right to compel arbitration, and I concur in the holding that the second fraud claim ("Defects in the Mobile Home") was a "bad count"; however, I must respectfully dissent from the holdings that the other two fraud counts were "good counts."

On the arbitration issue, it appears to me that this Court's holding in Companion Life Ins. Co. v. Whitesell Mfg., Inc.,670 So.2d 897 (Ala. 1995), is consistent with holdings by federal courts on this issue of waiver. See, Leadertex, Inc. v.Morganton Dyeing Finishing Corp., 67 F.3d 20, 25 (2d Cir.…