BURGESS v. JIM WALTER HOMES INC.

No. COA03-160.

588 S.E.2d 575 (2003)

James William BURGESS and Georgia Burgess, Plaintiffs v. JIM WALTER HOMES, INC.; First Union National Bank; Yadkin County, by and through its County Manager Cecil Woods; Jerry Miller, Individually; and Jerry Miller, in his capacity as Housing Inspector for the County of Yadkin, Defendants.

Court of Appeals of North Carolina.

December 2, 2003.


Attorney(s) appearing for the Case

Ronald J. Short and Eleanor Panetti, Winston-Salem, for plaintiffs-appellees.

Timothy G. Sellers and Michelle Price Massingale, Charlotte, for defendants-appellants Jim Walter Homes, Inc. and First Union National Bank.


TYSON, Judge.

Jim Walter Homes, Inc. ("Jim Walter Homes") and First Union National Bank ("FUNB") appeal from the trial court's order denying their motion to stay action pending arbitration. We affirm.

I. Background

On 27 October 1997, James William Burgess and Georgia Burgess ("plaintiffs") entered into a contract ("1997 contract") with Jim Walter Homes for construction of a house. While executing that contract, plaintiffs also signed a separate...

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