Bank of America, N.A., Mark P. Maller, Brian Mormile, Douglas Divirgilio and Frederick Perry v. Don Beverly and Dean Kretschmar

Bank of America appeals from orders denying its request for arbitration in two cases, which wé have consolidated for purposes of this appeal. It claims that an arbitration provision in a loan agreement with its customer, who is the plaintiff-appellee in one case, should apply to all appellees in both cases, and the trial court erred in failing to order arbitration. We agree that the court should have ordered arbitration as to the signatories of the loan agreement, but we affirm the court’s denial of arbitration as to the non-signatories of the agreement containing the arbitration clause.

These…