HCW RETIREMENT & FIN. v. HCW EMPLOYEE BEN.

No. 384PA12.

747 S.E.2d 236 (2013)

HCW RETIREMENT AND FINANCIAL SERVICES, LLC, a North Carolina limited liability company; HCWRFS, LLC, formerly Hill, Chesson & Woody Retirement & Financial Services, LLC, a North Carolina limited liability company; and Wilton R. Drake, III v. HCW EMPLOYEE BENEFIT SERVICES, LLC, a North Carolina limited liability company; Hill, Chesson & Woody, Inc., a North Carolina corporation; PRESTWICK SIX, LLC, a North Carolina limited liability company; Frank S. Woody, III; and Todd T. Yates.

Supreme Court of North Carolina.

August 28, 2013.


Attorney(s) appearing for the Case

Northen Blue, LLP, Chapel Hill, by J. William Blue, Jr. , for plaintiff-appellees.

Coats & Bennett, PLLC, Cary, by Anthony J. Biller and Emily M. Haas ; and Morris, Manning & Martin, LLP, Durham County, by Keith D. Burns , for defendant-appellants Frank S. Woody, III and Todd T. Yates.


HUDSON, Justice.

Here we address whether the individual defendants waived their contractual right to demand arbitration through actions inconsistent with arbitration rights and prejudicial to plaintiffs. We conclude that plaintiffs have failed to prove such prejudicial actions. Therefore, we reverse the decision of the Court of Appeals and remand for further proceedings.

Frank Woody and Todd Yates (defendants), along with plaintiff Wilton Drake, are financial...

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