Filed: Oct. 31, 2012
Latest Update: Oct. 31, 2012
Summary: THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCARC. PER CURIAM. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Rhodes v. Benson Chrysler-Plymouth, Inc., 374 S.C. 122 , 126, 647 S.E.2d 249 , 251 (Ct. App. 2007) ("Generally, the factors our courts consider to determine if a party waived its right to compel arbitration are: (1) whether a substantial length of time tran
Summary: THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCARC. PER CURIAM. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Rhodes v. Benson Chrysler-Plymouth, Inc., 374 S.C. 122 , 126, 647 S.E.2d 249 , 251 (Ct. App. 2007) ("Generally, the factors our courts consider to determine if a party waived its right to compel arbitration are: (1) whether a substantial length of time trans..
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THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCARC.
PER CURIAM.
We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Rhodes v. Benson Chrysler-Plymouth, Inc., 374 S.C. 122, 126, 647 S.E.2d 249, 251 (Ct. App. 2007) ("Generally, the factors our courts consider to determine if a party waived its right to compel arbitration are: (1) whether a substantial length of time transpired between the commencement of the action and the commencement of the motion to compel arbitration; (2) whether the party requesting arbitration engaged in extensive discovery before moving to compel arbitration; and (3) whether the non-moving party was prejudiced by the delay in seeking arbitration."); Davis v. KB Home of S.C., Inc., 394 S.C. 116, 132, 713 S.E.2d 799, 807 (Ct. App. 2011) ("No other South Carolina case has found that a party did not waive their rights to compel arbitration after a year and a half of litigation."); Rhodes, 374 S.C. at 127, 647 S.E.2d at 251 ("To ascertain whether the non-moving party was prejudiced, our courts often examine whether the party requesting arbitration took advantage of the judicial system by engaging in discovery.").
AFFIRMED.1
HUFF, THOMAS, and GEATHERS, JJ., concur.
