Diamante LLC v. Dye (Majority, with Dissenting)Annotate this Case
Daimante, LLC was the operator of a golf course that contained two subdivisions. Gary and Linda Dye, property owners within one subdivision, filed a declaratory-judgment complaint seeking a declaration that certain obligations and restrictions were unenforceable. Diamante moved to compel arbitration with the Dyes. The court of appeals affirmed the circuit court’s denial of the motion to compel arbitration, finding that Diamante had waived arbitration by unnecessary delay that prejudiced the Dyes. Class members were subsequently added to the lawsuit upon class certification and filed a second amended motion for declaratory judgment. The circuit court denied Diamante’s motion to compel arbitration based on the court’s previous ruling. The Supreme Court reversed, holding (1) the court of appeals’ decision was not conclusive on the issue of whether Diamante had waived arbitration as to the class members who were subsequently added to the lawsuit, and therefore, this argument does not compel dismissal of this appeal; and (2) because the circuit court did not issue on order as to whether there was a valid agreement to arbitrate between Diamante and the unnamed class members, the case must be reversed for the circuit court to make that determination.