BARFIELD, J.
The defendant in a lawsuit arising out of a construction contract appeals a non-final order which granted the plaintiff's motion to dismiss the defendant's counterclaims and determined that the plaintiff was entitled to arbitration of the counterclaims. We find that the trial court erred in finding that the plaintiff did not waive its right to demand arbitration when it instituted the litigation.
In 2002, appellant/owner and appellee/contractor...
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