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PRIME SOUTH HOMES, INC. v. BYRD

No. 9010SC506.

401 S.E.2d 822 (1991)

PRIME SOUTH HOMES, INC., Plaintiff, v. Richard E. BYRD and Vickie S. Byrd, Defendants and Third-Party Plaintiffs, v. Albert H. BEST, W. Ross James, III, Patricia A. Olson and Charles D. Olson, Third-Party Defendants.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Richard T. Boyette and David A. Rhoades, Raleigh, for plaintiff-appellant.

James F. Jordan, Raleigh, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice by William E. Moore, Jr., Raleigh, for Richard E. Byrd and Vickie S. Byrd, defendants and third-party plaintiffs-appellees.

JOHNSON, Judge.

Plaintiff contends that the trial court erred in concluding that plaintiff had waived its right to compel arbitration and specifically alleges that certain findings of fact are not supported by the evidence.

The trial court based its denial of plaintiff's motion on the following conclusions of law:

(1) If arbitration were now ordered, Defendants would be impermissibly prejudiced by Plaintiff's delay in seeking arbitration and its actions...

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