Grand Homes 96, L.P. v. Loudermilk

This is an appeal from the confirmation of an arbitration award. The primary issue we address is whether the trial court abused its discretion by compelling binding arbitration between all of the parties over the objection of two of the defendants--now Appellants--Grand Homes 96, L.P. and Grand Homes, Inc. Appellants claim that they did not receive notice that arbitration could be compelled concerning the claims of Appellees David and Debra Loudermilk against them and that this lack of notice prevented them from raising the defense of waiver. Because Appellants either were not deprived of the opportunity to present their waiver defense to the arbitrator or as a matter of law cannot establish the Loudermilks waiver of arbitration, we hold that the trial court did not err by compelling arbitration over Appellants objection. Because there is no record from the arbitration proceedings, Appellants other challenges to the arbitration award fail. Consequently, we will affirm.