order compelling arbitration is considered an unappealable, interlocutory order, because the parties are forced into, rather than put out of, court
How later courts described this case
- order compelling arbitration is considered an unappealable, interlocutory order, because the parties are forced into, rather than put out of, court
Written by the judges who cited it.
The opinion
TAMILIA Judge,
dissenting:
I respectfully dissent. The majority misconstrues the effect of the claim for injunc-tive relief as to prevent irreparable harm. This is not the ease as the arbitrators can make the appellant whole financially or in damages if his colleagues have not acted properly. Because of the arbitration clause, the trial court lacks jurisdiction and cannot usurp the function of the arbitration board to grant the relief requested to render the function of arbitration in this case meaningless.