MATTHEW ALEXANDER NICHOLSON and JAILYN MARCHAI NICHOLSON, Plaintiffs-Respondents v. SURREY VACATION RESORTS, INC.

Surrey Vacation Resorts, Inc. (“Surrey”), in Appeal No. SD32745, appeals the denial of its Renewed Motion to Compel Arbitration (“first appeal”), and in Appeal No. SD33075, Surrey, appeals the denial of its Second Renewed Motion to Compel Arbitration (“second appeal”). The appeals have been consolidated for all purposes. Surrey raises six points. Finding merit in Surrey’s second, point, which revolves around the burden of proof applied by the trial court in deciding Surrey’s Renewed Motion to Compel Arbitration, we reverse and remand in the first appeal. Finding all matters concerning…