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KIELL v. KIELL

No. COA05-620.

633 S.E.2d 827 (2006)

Julie Eriksson KIELL, Plaintiff, v. Charles Steven KIELL, Defendant.

Court of Appeals of North Carolina.

September 5, 2006.

Attorney(s) appearing for the Case

J. Steven Brackett Law Office, by J. Steven Brackett, Hickory, for plaintiff-appellee.

Crowe & Davis, P.A., by H. Kent Crowe, Conover, for defendant-appellant.

GEER, Judge.

Defendant Charles Steven Kiell appeals from an order denying his motion to compel arbitration and concluding that plaintiff Julie Eriksson Kiell is entitled to a jury trial regarding whether any arbitration agreement was fraudulently induced or was waived by virtue of a breach of contract. It is well established under North Carolina law that, when a party denies the existence of an arbitration agreement, the trial court shall proceed summarily to determine...

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