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Try CasePortal for FreeJ. Feuer finds that the trial court improperly dismissed a complaint alleging embezzlement, as it lost jurisdiction after granting a business partner and associates' motion to compel arbitration. The party seeking dismissal of the case for lack of prosecution must pursue the remedy in arbitration. Also, where a party seeks the dismissal for lack of prosecution of a case that is subject to arbitration, the party may have to initiate arbitration in order to achieve relief. Reversed.
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