Andre Franklin, Inc. v. Wax

SLEET, Judge.

Andre Franklin, Inc., and Andre Franklin, individually, (collectively referred to as “Franklin”), appeal the trial court’s denial of a motion to compel arbitration and motion to abate proceedings pending arbitration. Because Franklin did not take action inconsistent with its right to arbitration, it did not waive its right to arbitration. 1 Accordingly, we reverse.

In January 2007, Herb and Jill Wax contracted with Franklin to restore a historic home they had purchased. Within the contract, the parties agreed to, among other things, arbitrate disputes. After five years a…