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RHODES v. BENSON CHRYSLER-PLYMOUTH, INC

No. 4222.

374 S.C. 122 (2007)

647 S.E.2d 249

Brandi RHODES, Respondent, v. BENSON CHRYSLER-PLYMOUTH, INC. d/b/a Benson Chrysler-Plymouth Dodge, Inc., Appellant.

Court of Appeals of South Carolina.

Withdrawn, Substituted, and Refiled May 31, 2007.

Attorney(s) appearing for the Case

Bradford N. Martin, Laura W.H. Teer, Lora E. Collins, and Robin Foster, of Greenville, for Appellant.

Lane W. Davis, of Greenville, for Respondent.

KITTREDGE, J.:

Benson Chrysler-Plymouth, Inc. appeals the denial of its motion to compel arbitration. We affirm.1 We hold a party waives its right to enforce an arbitration provision when it delays in demanding arbitration and engages in extensive discovery resulting in prejudice to the party opposing arbitration.

I.

In April 2005, Brandi Rhodes sued Benson Chrysler-Plymouth...

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