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HOWELL'S WELL SERV. v. FOCUS GROUP ADVISORS

No. 117,804.

507 P.3d 623 (2021)

2021 OK 25

HOWELL'S WELL SERVICE, INC., an Oklahoma Corporation; D. Robinson; C. Robinson; Sherman Jacquess; and Jack Kleckner, Plaintiffs/Appellees, and Leroy Burrows and Barbara Burrows, Plaintiffs, v. FOCUS GROUP ADVISORS, LLC, an Oklahoma Limited Liability Company; Jon Nettles; and Daniel Vise, Defendants/Appellants, and Bartnet, LLC, an Oklahoma Limited Liability Company; the Property Shoppe, Inc., an Oklahoma Corporation; Larry Joe Dearman; Homer Fitzgerald; and Marya Gray, Defendants.

Supreme Court of Oklahoma.

FILED May 18, 2021.

Attorney(s) appearing for the Case

Brad E. Hilton and Audra A. Drybread , Hilton Law Office, Skiatook, Oklahoma, for Howell's Well Service, Inc., D. Robinson, C. Robinson, Sherman Jacquess, Jack Kleckner, Leroy Burrows and Barbara Burrows.

Robert J. Bartz and Joe M. Fears , Barber & Bartz, Tulsa, Oklahoma, for Focus Group Advisors, LLC, Jon Nettles and Daniel Vise.

¶ 1 We granted certiorari to address this first impression issue of whether the right to compel arbitration is waived when it is not raised as an affirmative defense in a responsive pleading. As discussed further herein, we hold it is not. Additionally, because we did not deem the failure to raise the arbitration defense in their...

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