1. Home
  2. Browse Decisions
  3. S.C.
  4. 403 S.C.
  5. 403 S.C. 10 (2013)
 

SMITH v. D.R. HORTON, INC.

No. 5118.

403 S.C. 10 (2013)

742 S.E.2d 37

Gregory W. SMITH and Stephanie Smith, Respondents, v. D.R. HORTON, INC., Tom's Vinyl Siding, LLC, Lutzen Construction, Inc., Boozer Lumber Company, All American Roofing, Inc., and Myers Landscaping, Inc., Defendants, Of whom D.R. Horton, Inc. is the Appellant.

Court of Appeals of South Carolina.

Decided April 17, 2013.

Rehearing Denied May 23, 2013.

Attorney(s) appearing for the Case

Matthew Kinard Johnson and W. Kyle Dillard , both of Ogletree Deakins Nash Smoak & Stewart, PC, of Greenville, for Appellant.

John T. Chakeris , of Chakeris Law Firm, of Charleston; Phillip Ward Segui, Jr. , of Segui Law Firm, of Mount Pleasant; and Michael A. Timbes , of Thurmond Kirchner Timbes & Yelverton, PA, of Charleston, all for Respondents.

SHORT, J.

D.R. Horton, Inc. (Horton) appeals the circuit court's order denying its motion to compel arbitration in this construction defects action filed by Gregory and Stephanie Smith. Horton argues the circuit court erred in finding the arbitration clause unenforceable: (1) under the South Carolina Uniform Arbitration Act (SCUAA); (2) as unconscionable; (3) under an unequal-bargaining-power theory; (4) under a lack-of-consideration...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases