CORNELIUS v. LIPSCOMB

No. COA12-344.

734 S.E.2d 870 (2012)

Gary L. CORNELIUS, Plaintiff, v. Jeffrey LIPSCOMB and Sunset Financial Services, Inc., Defendants.

Court of Appeals of North Carolina.

December 4, 2012.


Attorney(s) appearing for the Case

E. Bedford Cannon , Statesville, for plaintiff-appellee.

James, McElroy & Diehl, P.A., Charlotte, by Preston O. Odom, III and Fred B. Monroe ; Pope McMillan Kutteh Edwards Schieck & Taylor, P.A., by William H. McMillan , Statesville, and Larissa J. Erkman , Taylorsville; and Berkowitz Oliver Williams Shaw & Eisenbrandt LLP, by John W. Shaw and Timothy W. Walner , for defendants-appellants.


GEER, Judge.

Defendants Jeffrey Lipscomb and Sunset Financial Services, Inc. appeal from the trial court's order denying their motion to compel arbitration. Because the trial court failed to make findings of fact to support its order, we reverse and remand.

Facts

Plaintiff Gary L. Cornelius filed an action against defendants on 28 February 2011. The complaint alleged that Mr. Lipscomb, "acting for himself and as agent for Defendant Sunset...

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