Court of Appeals of Wisconsin August 7, 1991, 90-2158 (J.J. Andrews, Inc. v. Midland)

ANDERSON, J.

Richard and Rita Midland appeal from a judgment affirming an arbitrator's award. There are three issues on appeal. First, whether J.J. Andrews, Inc. (Andrews) waived arbitration when it

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commenced this lawsuit without requesting arbitration, undertook discovery and then moved to stay judicial action to permit arbitration, pursuant to sec. 788.02, Stats.