Smith v. Young Moving & Storage, Inc.

EDMUNDS, Judge.

Defendant Young Moving and Storage, Inc., appeals the trial court’s order denying its Motion to Compel Arbitration and Stay Litigation Proceeding Pending Arbitration. We reverse.

On 22 May 1998, plaintiff Kay Smith filed a claim alleging that defendant had lost personal property that she had stored under contract at defendant’s facility. Defendant’s answer denied liability but did not assert any affirmative defenses. On 4 March 1999, the trial court entered a Scheduling Order requiring that mediation be conducted on or before 22 May 1999 and that “[a]ll dispositive motions with…