Kenneth K. Altom, Jr. Et Al. v. Capital Resorts Group, LLC Et Al.

This is an appeal from an order denying the defendants’ motions seeking to compel the parties to participate in mandatory arbitration. The trial court denied the motions to compel arbitration with respect to “the issue of the unconscionability of the precise agreement to arbitrate or delegation to arbitration” and “the issue of cancellation of the purchase agreements,” finding that such issues presented questions for the court rather than an arbitrator. The trial court also determined that the defendants had not waived their right to arbitration. The defendants timely appealed. Discerning no reversible error, we affirm the trial court’s judgment.