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

Summary

The court declined to dismiss Diamante's interlocutory appeal as moot or controlled by the law-of-the-case doctrine because the earlier arbitration ruling concerned only the individual plaintiffs, not unnamed class members, and no final merits order had been entered. It reversed and remanded because the circuit court had not expressly determined whether a valid arbitration agreement existed between Diamante and the unnamed class members before denying arbitration on waiver grounds. Special Justice Paul Byrd, dissenting, would have affirmed because allowing arbitration of the unnamed class members would improperly reopen issues of class typicality and superiority already resolved during class certification.