Scoville Realty, Inc. v. Myers , 1998 Ind. App. LEXIS 1341 ( 1998 )

SULLIVAN, Judge,

dissenting.

I would grant rehearing in order to modify the original majority opinion so as to preclude re-arbitration by any set of arbitrators appointed by, or allied with, either ECBOR or IAR, as per my original dissent.

I would further grant rehearing in order to consider and render a decision upon Sco-ville’s argument upon rehearing that IAR determined that arbitration was mandatory and therefore arbitration was not merely “appropriate” or “voluntary” on the part of Scoville.¹ In my view, however, the resolution of that issue would not change the result of the earlier decision of this court to permit re-arbitration of the dispute.

1 . The original majority opinion stated that Sco-ville had "voluntarily agreed to arbitration pursuant to the Rules.” Scoville Realty, Inc. v. Myers (1998) Ind.App., 694 N.E.2d 1152, 1156.