SUNTRUST BANK v. LILLISTON Et Al.

Branch, Judge.

A party to a contractual arbitration clause may waive arbitration by acting inconsistently with that right to the prejudice of the other party In this case, the defendant litigated a case through discovery and placement of the case on the trial calendar without asserting its contractual right to arbitrate, but the plaintiffs dismissed their case before trial and filed a renewal action months later. In this case of first impression, we granted SunTrust’s application for interlocutory appeal to decide whether the defendant’s actions in the first litigation waived its right to…