Legal Opinion

Davis v. KB HOME OF SOUTH CAROLINA, INC.

Court of Appeals of South Carolina

Decided July 13, 2011No. 4851PublishedCited by 6 opinions

1Opinion of the CourtGeathers, J.

In this wrongful termination case, KB Home of South Carolina, Inc. and Jeff Meyer 1 (collectively Appellants) appeal a circuit court judgment denying their motion to compel arbitration. On appeal, Appellants contend the circuit court erred in: (1) determining the validity of an arbitration clause contained in Lonnie Davis’s employment application when that threshold determination was arguably for the arbitrator, (2) finding Appellants waived their right to enforce the arbitration clause by actively participating in litigation for eighteen months before seeking to compel arbitration, and (3)…

2Cases cited23 opinions

  1. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  2. Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
  3. Zabinski v. Bright Acres AssociatesSupreme Court of South Carolina · 2001
  4. Gilliland v. Elmwood PropertiesSupreme Court of South Carolina · 1990
  5. Munoz v. Green Tree Financial Corp.Supreme Court of South Carolina · 2001

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3Cited by6 opinions

  1. Carlson v. South Carolina State Plastering, LLCCourt of Appeals of South Carolina · 2013
  2. Coleman v. Mariner Health Care, Inc.Supreme Court of South Carolina · 2014
  3. Lucey v. MeyerCourt of Appeals of South Carolina · 2012
  4. Jane Doe v. TCSC, LLCCourt of Appeals of South Carolina · 2020
  5. Michael Vriens and Nicholas Bardsley, individually, and on behalf of all others similarly situated v. Tip-Top Roofing & Construction, LLC; Pacific Contractors, LLC; Pacific Contractors, Inc.; Builders Firstsource – Southeast Group, LLC; Carolina Custom Carpentry, LLC; Quad K, LLC; JJL Construction, LLC; CAC Carpentry, LLC; Alpha Construction of SC, LLC; Good Luck Incorporated; South Atlantic Framing, Inc.; SRC Construction, LLC; Jalisco Framing, LLC; Mendoza Construction, LLC; VL Contractor, LLC; 84 Lumbar Company, LP; Varanda Contracting Group, Inc.; Tomech, LLC d/b/a Firm Foundation Coastal CarolinasDistrict Court, D. South Carolina · 2026

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