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FARRELL v. CONCEPT BUILDERS, INC.

No. 106,047. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

208 P.3d 483 (2009)

2009 OK CIV APP 34

Matthew Young FARRELL and Michelle Lynn Farrell, Plaintiffs/Appellees, v. CONCEPT BUILDERS, INC., Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied March 23, 2009.

Attorney(s) appearing for the Case

Jonathan C. Neff, Timothy E. Houchin, Jonathan Neff, P.C., Tulsa, OK, for Plaintiffs/Appellees.

Lawrence D. Taylor, Tulsa, OK, for Defendant/Appellant.

KENNETH L. BUETTNER, Judge.

¶ 1 Defendant/Appellant Concept Builders, Inc. (Builder) appeals from the trial court's Order Denying Arbitration of Plaintiffs/Appellees Matthew Young Farrell and Michelle Lynn Farrell's claims for breach of a home construction contract, warranty, and negligent construction. On de novo review of the record, we find the parties did not agree to arbitrate the claims asserted. We therefore affirm the denial of Builder's motion...

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