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RICH v. WALSH

No. 3699.

357 S.C. 64 (2003)

590 S.E.2d 506

Joseph RICH d/b/a Sunshine Recycling, Respondent, v. Gary WALSH and Bank of America, N.A., Appellants.

Court of Appeals of South Carolina.

Decided November 24, 2003.

Rehearing Denied January 22, 2004.

Attorney(s) appearing for the Case

David Clay Robinson, of Columbia, for appellant Gary Walsh.

John T. Moore, Steven A. McKelvey, Jr., Elizabeth A. Shuffler, all of Columbia, for appellant Bank of America, N.A.

Jeffrey Scott Holcombe, of Orangeburg, for respondent.

CURETON, A.J.:

Bank of America, N.A., and Gary Walsh appeal an order of the Circuit Court denying their motion to compel arbitration. The trial court held appellants waived their right to arbitration by their use of the trial litigation machinery. We vacate and remand.

FACTS

In September 2000, Joseph B. Rich filed his complaint in this case alleging fraud, breach of fiduciary duty and various other causes of action arising out of a series of loan...

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