Liberty Builders, Inc. v. Horton Ex Rel. Estate of Horton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding a party waived its right to enforce an arbitration clause \by submitting the dispute to the court and availing itself of that system for two and one-half years\ even though the arbitration agreement contained a no-waiver provision
• finding a two-and-a-half year period where the parties sought assistance from the court on approximately forty occasions demonstrated waiver
• finding a two-and-a-half-year period in which the parties sought assistance from the court on approximately forty occasions constituted waiver
• finding waiver when the parties sought the court's assistance approximately forty times prior to the filing of the motion to compel, on matters such as motions to amend, compel, dismiss, add parties, and restore under Rule 40(j), SCRCP
• finding waiver when the parties sought the court’s assistance approximately forty times prior to the filing of the motion to compel, on matters such as motions to amend, compel, dismiss, add parties, and restore under Rule 40(j), SCRCP
• finding the plaintiff waived its right to enforce the arbitration clause by submitting the dispute to the court and availing itself of that system for two and one-half years before moving to stay the trial court action in favor of arbitration

Source: CourtListener parenthetical corpus (CC0).