Southern Spindle & Flyer Co. v. Milliken & Co.

WHICHARD, Judge.

Defendant has the right of immediate appeal from the adverse ruling as to personal jurisdiction. G.S. l-277(b). The contention on which the personal jurisdiction element of its motion is founded, the alleged existence of an agreement to arbitrate, also underlies the remaining elements. 1 We therefore treat the appeal as to those elements as a petition for a writ of certiorari, and we allow the writ in order to dispose of the matter in its entirety on the merits.

The issue is whether the court properly determined there was no agreement to arbitrate. The record fails to establish…