Davidson v. Foshee Enterprises, Inc.

The petition for writ of certiorari to review the non-final order disposing of the petitioners' motions to dismiss the third-party complaint and to strike is granted. Although the petitioners’ motion did not expressly request an order compelling respondent Foshee Enterprises, Inc., to arbitrate the third-party claim as provided in the contract between the parties, the court below apparently treated the motion as including such a request, for the order granted the third-party defendants, Wendell A. Davidson and Mary C. Davidson, “leave to commence arbitration proceedings, provided that a…