concluding that a “remand is necessary to instruct” the lower court that "the proper method is not to dismiss the civil action but to stay it” and allowing the lower court to reconsider on remand the parties’ waiver issue in light of disputed facts in the record
How later courts described this case
- concluding that a “remand is necessary to instruct” the lower court that "the proper method is not to dismiss the civil action but to stay it” and allowing the lower court to reconsider on remand the parties’ waiver issue in light of disputed facts in the record
- applying rule of Borough of Nanty-Glo v. Am. - 11 - J-A03021-26 Surety Co. of N.Y., 163 A. 523 (Pa. 1932) to the resolution of fact questions on preliminary objections
- when referring matter to arbitration, trial judge must stay civil action until arbitration is completed
- "[W]hen referring a matter to arbitration, the trial judge is not to dismiss the case but is to stay the civil action until the arbitration is completed.”
Written by the judges who cited it.
The opinion
DISSENTING STATEMENT BY
McEWEN, P.J.E.:
¶ 1 While my colleagues of the majority have provided a careful rationale for and a perceptive expression of their position, I am unable to join that position for I would find that appellant David Stern, an attorney, failed to offer sufficient credible evidence to establish the existence of a material issue of fact as to whether the standard industry wide arbitration clause had been amended. I would, therefore, affirm the order of the distinguished Judge Albert W. Sheppard, Jr., which directed the parties to proceed to arbitration.