Freedom Life Insurance Co. of America v. Wallant

On Motion to Dismiss

FARMER, J.

We have in hand a non-final appeal of an order relating to arbitration. Specifically the order denied a motion to compel arbitration and to stay litigation in court pending the appeal. For the reasons expressed, we grant appellee’s motion to dismiss the appeal without prejudice to initial review of the order denying arbitration on appeal from the final judgment in the cause.1

This case began more than 5 years ago with the filing of a complaint for a declaratory judgment and breach of contract. Plaintiff claimed to represent a class of defendant’s policy holders —…