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BROWN v. CENTEX HOMES

No. COA04-1180.

615 S.E.2d 86 (2005)

James S. BROWN, Jr. & Jacky A. Rosati, Plaintiffs, v. CENTEX HOMES; Mary Kathryn Kroening; Dodd & Associates, Inc.; and Jerry Owens, Defendants.

Court of Appeals of North Carolina.

July 19, 2005.

Attorney(s) appearing for the Case

Law Office of Robert B. Jervis, P.C., by Robert B. Jervis, Durham, for plaintiffs-appellees.

John T. Benjamin, Jr., and William E. Hubbard, Raleigh, for defendant-appellant Centex Homes.

Manning Fulton & Skinner, P.A., by William C. Smith, Jr., Raleigh, for defendant-appellant Mary Kathryn Kroening.

No brief filed for defendant-appellees Dodd & Associates, Inc. and Jerry Owens.

TYSON, Judge.

Centex Homes ("Centex") and Mary Kathryn Kroening ("Kroening") (collectively, "defendants") appeal order entered 11 May 2004 granting Centex's motion to stay and compel arbitration and denying Kroening's motion to stay and compel arbitration. We reverse and remand.

I. Background

On 21 January 2002, James S. Brown, Jr., and Jacky A. Rosati ("plaintiffs") met with Kroening at a sales...

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