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TIMMONS v. STARKEY

No. 26874.

389 S.C. 375 (2010)

698 S.E.2d 809

Charles T. TIMMONS, Jr., as personal representative of the Estate of Elizabeth N. Timmons, Petitioner, v. Jane T. STARKEY and UBS Financial Services Inc., Defendants, Of whom UBS Financial Services Inc. is the Respondent.

Supreme Court of South Carolina.

Decided August 30, 2010.

Attorney(s) appearing for the Case

Mitchell C. Payne and Charles M. Black, Jr. , both of Warner, Payne and Black, of Columbia, and S. Brook Fowler , of Carter Smith Merriam Rogers and Traxler, of Greenville, for Petitioner.

Cory Hohnbaum , of King and Spalding, of Charlotte, NC, and James N. Gorsline , King and Spalding, of Atlanta, GA, for Respondent.

Ronald F. Barbare , of Lathan & Barbare, of Taylors, for Defendant.

Justice PLEICONES:

We granted certiorari to review a Court of Appeals decision reversing a circuit court order which had denied respondent's (UBS) request for arbitration of petitioner's claims. Timmons v. Starkey, 380 S.C. 590, 671 S.E.2d 101 (Ct.App.2008). We affirm.

FACTS

In 1995, petitioner executed a durable power of attorney naming her daughter, defendant...

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