 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Doleac v. Real Estate Professionals9/15/2005
Company and Barry Doleac (as President of Doleac Company) the right to use self-help when REP defaulted.
. As this Court noted in Russell, other jurisdictions addressing this issue have held that taking possession of the collateral or other similar actions do not waive a party's right to arbitration. See, e.g., Southwest Indus. Imp. & Exp., Inc. v. Wilmod Co., 524 F.2d 468, 470 (5th Cir. 1975) (seller-mover's participation in settlement discussions and self-help measure of reselling goods in dispute did not amount to waiver of contractual right to arbitrate); Eagle Telecom, Inc. v. Billing Concepts Sys., Inc., 1999 WL 570860 *1 (E.D. Pa. 1999) (unilateral discontinuance of services under an agreement does not result in waiver of right to arbitration); Ex parte Dickinson, 711 So. 2d 984, 988 (Ala. 1998) (Dickinson's claim that the dealership should have allowed the repossessed vehicle to remain in his possession pending arbitration "confuses self-help with 'judicial process.'" " elf-help is not 'judicial process,' and we decline to extend the rule to encompass self-help."); Conseco Fin. Servicing Corp. v. Wilder, 47 S.W.3d 335, 345 (Ky. Ct. App. 2001) (Lender did not waive its right to arbitration by pursuing repossession of mobile home because repossession was not for purpose of gaining tactical advantage with respect to court proceedings.) Therefore, The Doleac Company and The Doleac Building's actions of self-help did not waive the contractual right to arbitrate.
CONCLUSION
. The arbitration clause is valid and binding on all claims asserted by REP, and the actions of self-help were not a waiver of the right to arbitrate. We hold that the chancery court erred in denying the motion to compel arbitration. Therefore, we reverse both the order denying the motion to compel arbitration and the chancellor's judgment and remand this case to the chancery court with directions to submit all disputes to binding arbitration.
. REVERSED AND REMANDED.
WALLER AND COBB, P.JJ., EASLEY, CARLSON AND DICKINSON, JJ., CONCUR.
DIAZ, GRAVES AND RANDOLPH, JJ., NOT PARTICIPATING.
|