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EMPRES AT RIVERTON, LLC v. OSBORNE

S-23-0082.

538 P.3d 670 (2023)

2023 WY 112

EMPRES AT RIVERTON, LLC d/b/a Wind River Rehabilitation and Wellness, a foreign LLC; EmpRes Wyoming Healthcare, LLC, a foreign LLC; EmpRes Healthcare Group, Inc., a foreign corporation; EmpRes Financial Services, LLC, a foreign LLC; and EmpRes Healthcare Management, LLC, a foreign LLC, Appellants (Defendants), v. Teri OSBORNE, appointed Wrongful Death Representative and Special Administrator for the Estate of Loy Forshee, deceased, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 20, 2023.

Attorney(s) appearing for the Case

Representing Appellant: Michael J. Estok , Lindsay Hart, LLP, Portland Oregon. Amanda Hunkins Newton , Crowley Fleck PLLP, Cheyenne, Wyoming. Argument by Mr. Estok.

Representing Appellee: Larry B. Jones , and Colin M. Simpson , Burg Simpson Eldredge Hersh and Jardine, P.C., Cody, Wyoming. Diana Rhodes and Traci Rivinus , Rhodes Law Firm, LLC, Cheyenne, Wyoming. Argument by Mr. Jones.

Before FOX, C.J., KAUTZ, BOOMGAARDEN, GRAY, and FENN, JJ.

[¶1] EmpRes at Riverton, LLC, doing business as Wind River Rehabilitation and Wellness (Wind River Rehabilitation), appeals the district court's denial of a motion to compel arbitration. We reverse.

ISSUE

[¶2] The single issue before us is whether Appellants waived their right to compel arbitration...

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