Massicotte v. A-One Janitorial CA4/3
Defendants A-One Janitorial, LLC (LLC) and Kenneth Alston (collectively, Buyers) appeal from the trial court’s order denying their motion to compel arbitration and to stay the action. LLC entered into an Asset Purchase Agreement (APA) with A-One Janitorial Services (A-One), James E. Massicotte, and Ricardo De Law O Lemos (collectively, Sellers) to purchase certain assets belonging to A-One. Under the APA, the parties agreed an independent accounting firm would render a conclusive and binding decision concerning any disagreement the parties had over a specific accounting issue. The Buyers contend the court erred in finding this provision of the APA was not an arbitration clause. We agree and therefore reverse and remand for the court to decide whether it should delay arbitration until the nonarbitrable claims are resolved.
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