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DEAN WITTER REYNOLDS, INC. v. McDONALD

1980704.

758 So.2d 539 (1999)

DEAN WITTER REYNOLDS, INC., et al. v. Patricia McDONALD.

Supreme Court of Alabama.

December 30, 1999.

Attorney(s) appearing for the Case

Peter S. Fruin of Maynard, Cooper & Gale, P.C., Montgomery; and A. Inge Selden III of Maynard, Cooper & Gale, P.C., Birmingham, for appellants.

Frank W. Riggs and Stephen M. Ne-Smith of Riggs & NeSmith, P.A., Montgomery, for appellee.

SEE, Justice.

The defendants in an action filed in the Montgomery Circuit Court appeal from the denial of their motion to compel arbitration. Because the trial court erred in holding that the defendants, Dean Witter Reynolds, Inc. ("Dean Witter"), Bank One, Columbus, N.A. ("Bank One"), and Peter S. DiMaggio waived their right to arbitrate, we reverse and remand.

I.

Patricia McDonald filed this action against Dean Witter, Bank One, and Di-Maggio,...

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