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LEMON DROP PROPERTIES v. PASS MARIANNE, LLC

No. 2010-IA-00883-SCT.

73 So.3d 1131 (2011)

LEMON DROP PROPERTIES, LLC v. PASS MARIANNE, LLC and Alfonso Realty, Inc. (d/b/a Coldwell Banker Alfonso Realty, Inc.)

Supreme Court of Mississippi.

October 20, 2011.

Attorney(s) appearing for the Case

Stephen Walker Burrow , James H. Colmer, Jr. , Pascagoula, Ann M. Halphen , attorneys for appellant.

Gail D. Nicholson , Chester D. Nicholson , Gulfport, attorneys for appellees.

EN BANC.

RANDOLPH, Justice, for the Court:

¶ 1. This interlocutory appeal proceeds from an order of the Circuit Court of Harrison County, Mississippi, First Judicial District, which granted the "Motions to Compel Arbitration" of Pass Marianne, LLC ("Pass") and Alfonso Realty, Inc. ("Alfonso"). On appeal, this Court considers (1) whether Pass waived its right to arbitration, and (2) whether a principal's waiver of its contractual...

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