Diamante v. Dye

I join the majority opinion without reservation. I write separately to further emphasize the fact-specific nature of our decision affirming the circuit court’s decision that the appellant had waived the right to enforce the arbitration agreement.

As the majority decision explains, we review the denial of a motion to compel arbitration de novo on the record. Advocat, Inc. v. Heide, 2010 Ark. App. 825, 378 S.W.3d 779. This court, in Heide, adopted a three-factor test for determining whether a party waived its right to arbitrate. Id. (citing 2 David Newbern & John Watkins, Ark. Civil Prac. &…