Diamante, LLC, Appellant v. Gary Dye and Linda Dye, Appellees

Summary

The court declined to dismiss Diamante's interlocutory appeal as either controlled by the law-of-the-case doctrine or moot because no final judgment had been entered. It held that the earlier ruling concerning waiver addressed only the named plaintiffs and did not conclusively resolve waiver as to unnamed class members. Because the circuit court had not expressly determined whether a valid arbitration agreement existed with the unnamed class members, the court reversed and remanded for that determination. Special Justice Paul Byrd, dissenting, would have affirmed because the arbitration dispute provided Diamante a second opportunity to challenge class typicality and superiority after those issues had already been resolved.