Arlene Gariepy V Midgard Self Storage Seneca Sc Llc

The circuit court denied Appellants' motion to compel arbitration because they waived their right to arbitrate. This was due to (1) initially requesting a jury trial, (2) a 300+ day delay before filing the arbitration motion, and (3) participating in extensive written discovery and depositions that prejudiced Respondents. The Court of Appeals affirmed this decision under Rule 220(b), SCACR, citing Rhodes v. Benson Chrysler-Plymouth, Inc. which established factors for determining arbitration waiver, including delay, discovery, and prejudice.

The court held that the circuit court did not err in denying Appellants' motion to compel arbitration because Appellants waived their right to arbitrate by requesting a jury trial initially, delaying the arbitration motion for over 300 days after litigation began, and participating in extensive written discovery and depositions, which prejudiced Respondents.

The court affirmed the circuit court's denial of Appellants' motion to compel arbitration, finding that Appellants waived their right to arbitrate. The waiver was based on (1) a substantial delay of over three hundred days between litigation initiation and the arbitration motion, (2) participation in extensive written discovery and depositions, and (3) resulting prejudice to Respondents.

The court affirmed the denial of the motion to compel arbitration.

The court applied the legal principle that a party may waive their right to arbitrate by unreasonably delaying the arbitration motion and engaging in extensive judicial proceedings, including requesting a jury trial, conducting discovery, and participating in depositions, which prejudiced the opposing party. This aligns with precedents like Rhodes v. Benson Chrysler-Plymouth, Inc., emphasizing that significant delay and discovery create a presumption of prejudice, disfavoring arbitration.

South Carolina Appellate Court Rules