SunTrust Bank v. Lilliston

HUNSTEIN, Justice.

Despite the strong presumption against the waiver of the right to arbitrate, such a right may be waived by a party who acts inconsistently with that right and, in so doing, prejudices the other party to the contract. See, e.g., S & H Contractors v. A.J. Taft Coal Co., 906 F2d 1507 (III) (11th Cir. 1990); McCormick-Morgan, Inc. v. Whitehead *841Elec. Co., 179 Ga. App. 10, 12 (345 SE2d 53) (1986). The question presented in this case is whether a party’s demand for arbitration in a renewal action, see OCGA § 9-2-61 (a), may be deemed waived based on that party’s conduct in the…