MISSION RESIDENTIAL, LLC V. TRIPLE NET PROPERTIES, LLC
654 S.E.2d 888 (2008)
NATURE OF THE CASE: Mission (P) appealed a decision that denied a motion to stay
arbitration.
FACTS: P and Triple (D) entered into a joint venture. P and D agreed to form a limited
liability company named NNN/Mission Residential Holdings, LLC (Holdings). They executed an
operating agreement wherein disputes that P and D failed to resolve would be submitted to
arbitration. D commenced an arbitration proceeding against P, asserting a direct claim for
breach of contract and also a derivative claim against P on behalf of Holdings. The
arbitrator ruled that D lacked standing to assert the direct claim, but allowed the
derivative claim on behalf of Holdings. P brought this action in the circuit court, seeking
a declaratory judgment that there was no agreement to arbitrate disputes between Holdings
and P, requesting an order to stay the arbitration. The circuit court ruled that the
arbitrator had correctly decided the issue of arbitrability. The court entered an order
denying the motion to stay arbitration. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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