RAPER v. OLIVER HOUSE, LLC

No. COA06-236.

637 S.E.2d 551 (2006)

Melba F. RAPER, Executrix of the Estate of Willard O. Raper, Deceased, Plaintiff, v. OLIVER HOUSE, LLC d/b/a The Oliver House; Wendell Health Investors, LLC; Third Street Management, LLC; Agemark, LLC; Agemark Management, LLC; Agemark Management Services, LLC; Charles E. Trefzger, Jr.; and David S. Jones, Defendants.

Court of Appeals of North Carolina.

December 5, 2006.


Attorney(s) appearing for the Case

Ferguson, Stein, Chambers, Gresham & Sumter, PA, by Adam Stein, Chapel Hill and Henson & Fuerst, PA, by Robert Fuerst and Carmaletta L. Henson, Rocky Mount, for plaintiff-appellee.

Bell, Davis & Pitt, P.A., by Alan M. Ruley and Michael D. Phillips, Winston-Salem, for defendants-appellants.


TYSON, Judge.

Oliver House, LLC d/b/a The Oliver House ("defendant Oliver House"), Wendell Health Investors, LLC, Third Street Management, LLC, Agemark, LLC, Agemark Management, LLC, Agemark Management Services, LLC, Charles E. Trefzger, Jr., and David S. Jones (collectively, "defendants") appeal from order entered denying their motion to dismiss, or in the alternative, to compel arbitration and to stay litigation. We reverse and remand.

I. Background...

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