G & W Builders v. Bernard Bros.
After this action had been pending in the trial court for two and a half years plaintiff and the principal defendant agreed to submit all their claims to binding arbitration and to a stay of the action until completion of the arbitration. The stipulation did not include an arbitration completion date. Based on this stipulation, the trial court ordered the matter to arbitration and stayed the action. Thereafter, the court set an arbitration completion date and twice continued that date. When the parties failed to complete the arbitration by the final completion date set by the court, the court vacated the stay and set a trial date. Three months after the court vacated the stay and set a trial date, defendant moved to compel arbitration. The court denied the motion and defendant appeals. Court affirm.
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