STEVENS/LEINWEBER/SULLENS v. HOLM DEV.

No. 1 CA-CV 88-548.

165 Ariz. 25 (1990)

795 P.2d 1308

STEVENS/LEINWEBER/SULLENS, INC., Plaintiff-Appellee, E-Electric Company, Inc., an Arizona corporation, Counterclaimant, Crossclaimant-Appellee, v. HOLM DEVELOPMENT AND MANAGEMENT, INC., an Arizona corporation; Arthur Holm, a married man; and Schwenn & Associates, Ltd., an Arizona corporation, Defendants-Appellants.

Court of Appeals of Arizona, Department A, Division 1.

August 7, 1990.


Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Michael P. West, Phoenix, for plaintiff-appellee.

Ridenour, Swenson, Cleere & Evans by John T. Moshier, Beth J. Shapiro, Phoenix, for defendants-appellants.


OPINION

CONTRERAS, Judge.

This appeal is brought from an order denying appellant's motion to compel arbitration. On appeal, we consider the question whether, pursuant to A.R.S. § 12-1501, the validity of an arbitration provision is to be separately determined when there is no challenge to the underlying contract. We conclude that the enforceability of an arbitration provision is to be determined by considering the provision as an independent agreement...

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