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SCHUMACHER HOMES OF CIRCLEVILLE, INC. v. SPENCER

No. 14-441.

787 S.E.2d 650 (2016)

SCHUMACHER HOMES OF CIRCLEVILLE, INC., a foreign corporation, Defendant Below, Petitioner v. John SPENCER and Carolyn Spencer, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 13, 2016.

Attorney(s) appearing for the Case

Don C.A. Parker, Esq. , Nicholas P. Mooney II, Esq. , Spilman Thomas & Battle PLLC, Charleston, West Virginia, Attorneys for the Petitioner.

Randall L. Trautwein, Esq. , Michael L. Powell, Esq. , Lamp, Bartram, Levy, Trautwein &, Perry P.L.L.C., Huntington, West Virginia, Attorneys for the Respondents.

Mychal S. Schulz, Esq. , Babst, Calland, Clements &, Zomnir, P.C., Charleston, West Virginia, Attorney for Amicus Curiae, Defense Trial Counsel of West Virginia.

Mark A. Robinson, Esq. , Justin D. Jack, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Charleston, West Virginia, Attorneys for Amicus Curiae, West Virginia Health Care Association, Inc.

This case is again before the Court upon a remand from the United States Supreme Court. The case began as an appeal of an order from the Circuit Court of Mason County, and involves an arbitration agreement between a home builder and a home buyer. The circuit court refused to enforce the arbitration agreement after finding...

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