Legal Opinion

Bluffs, Inc. v. Wysocki

Court of Appeals of North Carolina

Decided May 1, 1984No. 838SC714PublishedCited by 23 opinions

1Opinion of the Court

HILL, Judge.

The threshold issue is whether there is a right of appeal from an order compelling arbitration. For the following reasons, we hold there is not.

G.S. l-567.3(a) provides that upon application of a party showing a written arbitration agreement, and the opposing party’s refusal to arbitrate, the trial court shall order the parties to proceed with arbitration. If the opposing party denies the existence of an agreement to arbitrate, the court must summarily decide the issue of the existence of an agreement to arbitrate, and it must order arbitration if it finds the existence of an…

2Cases cited8 opinions

  1. Tridyn Industries, Inc. v. American Mutual InsuranceSupreme Court of North Carolina · 1979
  2. School Committee of Agawam v. AGAWAM EDUCATION ASS'NMassachusetts Supreme Judicial Court · 1977
  3. Maietta v. GreenfieldCourt of Appeals of Maryland · 1972
  4. Clark County v. Empire Electric, Inc.Nevada Supreme Court · 1980
  5. Roeder v. HuishArizona Supreme Court · 1970

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Superpumper, Inc. v. Nerland Oil, Inc.North Dakota Supreme Court · 1998
  2. Bullard v. TALL HOUSE BLDG. CO., INC.Court of Appeals of North Carolina · 2009
  3. Red Springs Presbyterian Church v. Terminix Co. of North Carolina, Inc.Court of Appeals of North Carolina · 1995
  4. Russell v. State Farm InsuranceCourt of Appeals of North Carolina · 2000
  5. North Carolina Electric Membership Corp. v. Duke Power Co.Court of Appeals of North Carolina · 1989

18 more not listed; retrieve them via the Exa API.

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