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STATE OF MICHIGAN COURT OF APPEALS

AUBURN FINANCIAL CENTER and MARK L. McALPINE, Plaintiffs-Appellants, v DAVID B. ADAMS and DAVID C. ADAMS, Defendants-Appellees.

UNPUBLISHED June 2, 2009

No. 285002 Oakland Circuit Court LC No. 2008-088872-CK

Before: Jansen, P.J., and Hoekstra and Markey, JJ. PER CURIAM. Plaintiffs appeal by right the trial court's order granting defendants' motion for summary disposition under MCR 2.116(C)(7) based on a determination that plaintiffs were bound by an arbitration provision. We reverse and remand for further proceedings. This appeal has been decided without oral argument pursuant to MCR 7.214(E). Preliminarily, defendants assert that plaintiffs have waived their right to pursue this appeal because after the order granting summary disposition was entered, plaintiffs invoked arbitration. We find no merit in this position based on SCA Services, Inc v General Mill Supply Co, 129 Mich App 224, 228; 341 NW2d 480 (1983), quoting 33 ALR3d 1242,

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Michigan Law