Prime South Homes, Inc. v. Byrd

JOHNSON, Judge.

Plaintiff contends that the trial court erred in concluding that plaintiff had waived its right to compel arbitration and specifically alleges that certain findings of fact are not supported by the evidence.

The trial court based its denial of plaintiff’s motion on the following conclusions of law:(1) If arbitration were now ordered, Defendants would be im-permissibly prejudiced by Plaintiff’s delay in seeking arbitration and its actions inconsistent therewith, and by Plaintiff’s use of discovery procedures unavailable in arbitration;(2) Plaintiff has impliedly waived its right…