Cedar Surgery Center, L.L.C. v. Bonelli

DURRANT, Justice:

¶ 1 In this appeal we consider a purported waiver of a contractual right to arbitration. Specifically, we address whether defendants Sherry Bonelli and Bonelli & Associates (collectively “the Bonellis”) waived their contractual right to arbitration when they declined to participate in the underlying litigation and filed a motion to compel arbitration only after default judgment had been entered against them. Because plaintiff Cedar Surgery Center, L.L.C. (“Cedar Surgery”) cannot establish that the Bonellis participated in the litigation to a point inconsistent with the intent…