Vireo, P.L.L.C. V. Cates

The central issue in this case is whether a party waives its right to arbitration when it files suit in court to resolve disputes that are not subject to the parties’ arbitration agree*495ment. The majority answers the question “yes.” Because the majority misapplies well-established precedent regarding the waiver of a contractual right to arbitration, I respectfully dissent.

FACTUAL AND PROCEDURAL BACKGROUND

The majority’s statement of the factual and procedural background is essentially correct. Because the trial court’s order denying plaintiffs’ motion to compel arbitration was rendered before…