Craig Poole, as the administrator of his mother’s estate, sued Ashburn Health Care Center, Inc. and Pruitt Corp. collectively, “Ashburn Health Care” for the wrongful death of his mother, alleging, among other things, that negligence at a nursing home owned and operated by Ashburn Health Care caused her death. Ashburn Health Care subsequently moved to compel arbitration of all claims. The trial court denied the motion, and we granted Ashburn Health Care’s application for interlocutory appeal. For reasons that follow, we affirm the trial court’s denial of the motion to compel arbitration. We review the record in this case de novo to determine whether the trial court’s denial of the motion to compel arbitration is correct as a matter of law. See Cash in Advance of Florida, Inc. v. Jolley , 272 Ga. App. 282 612 SE2d 101 2005; Harris v. SAL Financial Svcs. , 270 Ga. App. 230, 231 606 SE2d 293 2004. So viewed, the record shows that Poole’s mother was admitted to a nursing home owned and operated by Ashburn Health Care on March 2, 2004. At that time, her husband —Henry Poole —signed numerous documents at the facility, including an arbitration agreement requiring that claims relating to her care be arbitrated pursuant to the Federal Arbitration Act. Shortly thereafter, Henry Poole was also admitted to the nursing home, and he died there on April 23, 2004. In August 2004, Poole’s mother fractured her hip at the nursing home and was transferred to a hospital, where she later died. Poole then filed suit as administrator of his mother’s estate.
Ashburn Health Care did not raise an arbitration defense when it initially answered Poole’s complaint. In fact, it waited over three months to file its motion to compel arbitration. During this three month period, it served and responded to several sets of written discovery. It also deposed Poole even after filing its motion to compel.
