Supreme Court of Alabama

Anthony O'Neal and Jana O'Neal v. Bama Exterminating Company, Inc.

July 3, 20132013 Ala. LEXIS 79

Summary

The Alabama Supreme Court affirmed the trial court’s order compelling arbitration, holding that Bama Exterminating did not waive its right to arbitration despite its participation in the litigation process. The Court found that the O’Neals failed to show the required substantial invocation and prejudice, and noted that the dissenting justices argued the opposite.