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MERRILL LYNCH, PIERCE, FENNER & SMITH INC. v. HAVIRD

No. 2992.

335 S.C. 642 (1999)

518 S.E.2d 48

MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, and McKendree Long, III, Respondents-Appellants, v. Janelle HAVIRD, Appellant-Respondent.

Court of Appeals of South Carolina.

Decided May 10, 1999.

Rehearing Denied June 26, 1999.

Attorney(s) appearing for the Case

Mitchell Willoughby and Robin M. Johnson, both of Willoughby & Hoefer, of Columbia, for appellant/respondent.

Nina Nelson Smith, of Nelson, Mullins, Riley & Scarborough, of Columbia; and Francis S. Chlapowski, of Brobeck, Phleger & Harrison, of New York, NY, for respondents/appellants.

GOOLSBY, Judge:

Merrill Lynch, Pierce, Fenner & Smith Incorporated, and McKendree Long, III (collectively Merrill Lynch) commenced this declaratory judgment action against Janelle Havird seeking to enjoin arbitration proceedings instituted by Havird. The trial court granted partial summary judgment to Merrill Lynch declaring certain claims were ineligible for arbitration. The trial court also dismissed the surviving claims to arbitration. Merrill Lynch and Havird...

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