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CEDAR SURGERY CENTER, L.L.C. v. BONELLI

No. 20020718.

96 P.3d 911 (2004)

2004 UT 58

CEDAR SURGERY CENTER, L.L.C., Plaintiff and Appellant, v. Sherry BONELLI and Bonelli & Associates, Defendants and Appellees.

Supreme Court of Utah.

July 9, 2004.

Attorney(s) appearing for the Case

Randall C. Allen, Cedar City, for plaintiff.

Michael D. Hughes, Aaron D. Randall, St. George, for defendants.

DURRANT, Justice:

¶ 1 In this appeal we consider a purported waiver of a contractual right to arbitration. Specifically, we address whether defendants Sherry Bonelli and Bonelli & Associates (collectively "the Bonellis") waived their contractual right to arbitration when they declined to participate in the underlying litigation and filed a motion to compel arbitration only after default judgment had been entered against them. Because plaintiff Cedar Surgery...

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