Suntrust Bank v. Lilliston

Summary

The court held that a renewal action under OCGA § 9-2-61 (a) is a de novo action, so a party's conduct in the original litigation cannot establish waiver of an arbitration right asserted in the renewal action. Because SunTrust's failure to demand arbitration occurred only in the dismissed original action, the lower courts erred by relying on that conduct to deny SunTrust's motion to compel arbitration. The judgment was reversed.