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ZABINSKI v. BRIGHT ACRES ASSOCIATES

No. 25358.

346 S.C. 580 (2001)

553 S.E.2d 110

Leo ZABINSKI and John Brainard, Appellants, v. BRIGHT ACRES ASSOCIATES, a South Carolina General Partnership, Henry Massey, and the Estate of John Leutwiler, deceased, individually, and as General Partners. and Estate of John Leutwiler, Respondents, Third-Party Plaintiff, v. John Martin Brainard, Michael Forsyth Brainard, Joanne Foye Brainard, Melanie Brainard, David McLeod Brainard, Allison Christie Brainard, LOM Development, LLC, Wachovia Mortgage Co., HRM, Inc., and Edward Bullard, Third-Party Defendants. and Bright Acres Associates, a South Carolina Partnership Fourth-Party Plaintiff, v. J. Ray Westmoreland, Fourth-Party Defendant.

Supreme Court of South Carolina.

Decided September 4, 2001.

Rehearing Denied October 10, 2001.

Attorney(s) appearing for the Case

A. Parker Barnes, Jr., of Beaufort, for appellants Leo Zabinski and John Brainard.

Terry A. Finger, of Finger, Taylor & Andrews, of Hilton Head, for respondents Henry Massey and Bright Acres Associates.

J. Ray Westmoreland, of Hilton Head, for respondent Estate of John Leutwiler.

Susan Taylor Wall, and Mary Legare Hughes, both of Nexsen, Pruet, Jacobs, Pollard & Robinson, LLC, of Charleston, for third-party defendant Bullard.

TOAL, Chief Justice:

In this partnership dispute, three partners appeal from an Order denying arbitration.

FACTUAL/PROCEDURAL BACKGROUND

Bright Acres Associates ("Bright Acres") was a partnership consisting of the following four equal partners: John Leutwiler ("Leutwiler"), Henry Massey ("Massey"), John Brainard ("Brainard"), and Leo Zabinski ("Zabinski"). The partnership was created in 1980 in order to...

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