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FINLAY PROPERTIES v. HOOSIER CONTRACTING, LLC

No. 49A02-0307-CV-644.

802 N.E.2d 453 (2003)

FINLAY PROPERTIES, INC., Appellant-Defendant, v. HOOSIER CONTRACTING, LLC, Appellee-Plaintiff.

Court of Appeals of Indiana.

Publication Ordered January 23, 2004.

Attorney(s) appearing for the Case

Joseph M. Leone, Richard S. Pitts, Matthew J. Schafer, Drewry Simmons Pitts & Vornehm, LLP, Indianapolis, IN, Attorneys for Appellant.

Brett R. Fleitz, Kroger Gardis & Regas, LLP, Indianapolis, IN, Attorney for Appellee.

OPINION

FRIEDLANDER, Judge.

Finlay Properties, Inc. (Finlay) appeals the trial court's grant of an Emergency Motion to Compel Arbitration brought by Hoosier Contracting, LLC (Hoosier). The sole issue on appeal is: Did the trial court err in finding that Hoosier did not waive its contractual right to arbitration?

We affirm.

The facts most favorable to the ruling demonstrate that in the fall of 2000...

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