S-16-0987 Frohberg Electric Company v. Grossenburg Implement, Inc. and Kiehm Construction, Inc. (Appellants)
Wayne County, Hon. James G. Kube
Attorneys: Timothy Engler (Remboldt Ludtke, LLP) – David Copple and Michelle Schlecht (Copple, Rockey, McKeever & Schlecht, LLO)
Civil: Breach of Contract
Proceedings Below: The district court denied Appellants’ joint motion to dismiss Plaintiff’s complaint or in the alternative, motion to compel arbitration and stay action pending arbitration.
Issues: Grossenburg assigns that the district court erred in (1) issuing and entering the Order denying Appellants’ Motion to Compel Arbitration; (2) failing to give effect to the entire subcontract, including the arbitration agreement therein, and its determination that the subcontract did not bind Frohberg to the arbitration agreement contained in the general contract incorporated by reference in the subcontract; (3) failing to compel arbitration on Frohberg’s claims and failure to stay the district court action in accordance with the Federal Arbitration Act (FAA).