WITHERINGTON v. ADKINS

No. A04A1864.

610 S.E.2d 561 (2005)

271 Ga. App. 837

WITHERINGTON et al. v. ADKINS et al.

Court of Appeals of Georgia.

Reconsideration denied March 3, 2005.


Attorney(s) appearing for the Case

John L. Strauss, Covington, for appellant.

Kermit S. Dorough, Alexander H. Hart, Divine & Dorough, P.C., Albany, for appellee.


MIKELL, Judge.

Janice and Gary Witherington appeal from the trial court's order granting summary judgment to Don Adkins and John Brunson based on its conclusion that the Witheringtons' complaint was barred by a final and binding arbitration award. The Witheringtons contend that the trial court erred because: (1) the arbitration award on their limited warranty claim did not preclude their claims for breach of contract and fraud; (2) they timely moved to vacate the...

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