Burgess v. Jim Walter Homes, Inc.

TYSON, Judge.

Jim Walter Homes, Inc. (“Jim Walter Homes”) and First Union National Bank (“FUNB”) appeal from the trial court’s order denying their motion to stay action pending arbitration. We affirm.

I. Background

On 27 October 1997, James William Burgess and Georgia Burgess (“plaintiffs”) entered into a contract (“1997 contract”) with Jim Walter Homes for construction of a house. While executing that contract, plaintiffs also signed a separate arbitration agreement which was incorporated by reference in paragraph nine. The arbitration agreement was attached as Exhibit D to the contract and…