Helms v. Franklin Builders Inc.

Gina Helms appeals the trial court’s dismissal of her claims against Franklin Builders, Inc., arguing that the court erred in ruling that she was equitably estopped from asserting claims for negligent construction and breach of warranty, because of an arbitration clause in a new-home purchase-and-sale agreement, which her husband signed but which she did not. For the reasons set forth below, we affirm. As an initial matter, we note that Mrs. Helms has failed to provide a single citation to the record in her statement of facts in violation of Court of Appeals Rule 25 a 1. We have repeatedly stated that “it is not the function of this court to cull the record on behalf of a party in search of instances of error. The burden is upon the party alleging error to show it affirmatively in the record.” Punctuation omitted. Cronin v. Homesales, Inc. 1 Given the shortcomings of Mrs. Helms’s brief, we are authorized to dismiss it. See Court of Appeals Rule 7. Nevertheless, because the record is short, we choose to exercise our discretion and resolve this appeal on its merits. See Reid v. Ga. Bldg. Auth. 2 “But if we have omitted any facts or failed to locate some evidence in the record, the responsibility rests with counsel.” Punctuation omitted. Id.

“The question of arbitrability, i.e., whether an agreement creates a duty for the parties to arbitrate the particular grievance, is undeniably an issue for judicial determination.” Punctuation omitted. Pickle v. Rayonier Forest Resources .3 Indeed, the construction of an arbitration agreement, like any contract, is a question of law, subject to de novo review. Punctuation omitted. Crawford v. Great American Cash Advance, Inc. 4 See Krut v. Whitecap Housing Group .5