Pineville Forest Homeowners Ass'n v. Portrait Homes Construction Co.

JOHN, Judge.

Portrait Homes Construction Co. (“defendant”) appeals the trial court’s 20 December 2004 order (“the Order”) denying its Motion to Dismiss and Motion to Stay and Compel Arbitration. For the reasons discussed herein, we dismiss defendant’s appeal in part and reverse and remand in part.

Pertinent procedural and factual background information includes the following: Defendant is an Illinois-organized corporation authorized to do business in North Carolina. On 15 May 2000, defendant filed a Declaration of Covenants, Conditions, and Restrictions (“the Declaration”) with the Mecklenburg…