THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE

CITED OR RELIED ON AS PRECEDENT IN ANY P ROCEEDING

EXCEPT AS PROVIDED BY RULE 268(d)(2) , SCACR.

THE STATE OF SOUTH C AROLINA

In The Court of Appeals

Gabrielle Washington as Personal Representative of the Estate of Walter Washington, Jr., Respondent,

v.

St. George Health Care, LLC, d/b/a St. George Health Care Center and Walterboro Community Hospital, Inc., d/b/a Colleton Medical Center, Defendants,

Of which St. George Health Care, LLC, d/b/a St. G eorge Healthcare Center is the Appellant.

Appellate Case No. 2023

- 001282

Appeal From Colleton County Bentley Price, Circuit Court Judge

Unpublished Opinion No. 2024

- UP

- 319

Submitted September 19, 2024

– Filed September 25, 2024

AFFIRMED

Stephen Lynwood Brown, Russell Grainger Hines, James

D. Gandy, III, Donald Jay Davis, Jr., all of Clement Rivers, LLP

, of Charleston ; and Gaillard Townsend Dotterer, III, of Bybee & Tibbals, LLC

, of Mt. Pleasant

, all for Appellant.Shane Morris Burroughs, of Lanier & Burroughs, LLC

, of Orangeburg ; and John Elliott Parker, Jr. and Lee Deer Cope , both of Parker Law Group, LLP

, of Hampton

, all for Respondent.

PER CURIAM: St. George Health Care, LLC, d/b/a St. George Healthcare

Center (the Facili ty) appeals the circuit court's order denying its motion to compel to arbitration the claims of Gabrielle Washington as Personal Representative of the Estate of Walter Washington, Jr . (Walter). On appeal, the Facility argues the circuit court erred by denying its motion to compel arbitration. It further argues, that "[a]t a minimum," the circuit court should have granted the Facility's alternative request for permission to conduct limited discovery to address gaps in the evidentiary record bearing on the Arbitration Agreement's enforceability under an agency theory. We affirm pursuant to Rule 220(b), SCACR.

First, we hold the circuit court did not err in denying the Facility's motion to

compe l arbitration because the Admission Agreement and the Arbitration Agreement did not merge. See Zabinski v. Bright Acres Assocs. , 346 S.C. 580, 596, 553 S.E.2d 110, 118 (2001) ("The question of the arbitrability of a claim is an issue for judicial determin ation, unless the parties provide otherwise."); New Hope Missionary Baptist Church v. Paragon Builders , 379 S.C. 620, 625, 667 S.E.2d 1, 3 (Ct. App. 2008) ("Appeal from the denial of a motion to compel arbitration is subject to de novo review."); Stokes v. Metro. Life Ins. Co. , 351 S.C. 606, 609

- 10, 571 S.E.2d 711, 713 (Ct. App. 2002) ("However, the circuit court's factual findings will not be overruled if there is any evidence reasonably supporting them.");

Wilson v. Willis , 426 S.C. 326, 335, 827 S.E.2d 167, 172 (2019) ("Whether an arbitration agreement may be enforced against a nonsignatory to the agreement is a matter subject to de novo review by an appellate court."); Est. of Solesbee by Bayne v. Fundamental Clinical & Operational Servs., LLC , 438 S.C. 638, 648

- 49, 885 S.E.2d 144, 149 (Ct. App. 2023), cert. denied ( Apr. 16, 2024 ) (finding the admission agreement and arbitration agreement did not merge after considering (1) the admission agreement provided it was governed by South Carolina law and the

arb itration agreement provided it was governed by federal law, (2) the arbitration agreement recognized the two documents were separate by stating the arbitration agreement "shall survive any termination or breach of this Agreement or the Admission Agreement," (3) the documents were separately paginated and had their own signature pages, and (4) signing the arbitration agreement was not a precondition to admission); Coleman v. Mariner Health Care, Inc. , 407 S.C. 346, 355, 755 S.E.2d 450, 455 (2014) (concluding that by their own terms, language inthe admission agreement that "recognize[d] the 'separatedness' of [the arbitration agreement] and the admission agreement" and a clause allowing the arbitration agreement to "be disclaimed within thirty days of signing while the admission agreement could not" indicated the parties' intention "that the common law doctrine of merger not apply"); Hodge v. UniHealth Post

- Acute Care of Bamberg,

LLC , 422 S.C. 544, 562

- 63, 813 S.E.2d 292, 302 (Ct. App. 2018) (determining an

ad missions agreement and arbitration agreement did not merge because the fact "the [a]dmissions [a]greement indicated it was governed by South Carolina law, whereas the [a]rbitration [a]greement stated it was governed by federal law[,]" "each document was separately paginated and had its own signature page[,]" and "the [a]rbitration [a]greement stated signing it was not a precondition to admission" evidenced the parties' intention that the documents be construed as separate instruments). Here, as in Solesbee and Hodge , (1) the two agreements were governed by different bodies of law because the Admission Agreement was governed by state law and the Arbitration Agreement was governed by federal law; (2) each document was separately labeled, numbered, and contain ed its own signature page; (3) the Arbitration Agreement recognized the two documents were separate, stating the Arbitration Agreement "shall survive any termination or breach of this Agreement or the Admission Agreement"; and (4) the Facility acknowledged that signing the A rbitration A greement was not a prerequisite to

admission to the Facility

. Thus, the Admission Agreement and Arbitration Agreement did not merge. Because we find the documents did not merge, a controlling consideration of whether the Ar bitration Agreement bound Walter , we decline to reach the Facility's remaining arguments

. See Futch v. McAllister Towing of Georgetown, Inc. , 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (ruling an appellate court need not address remaining issues when its resolution of a prior issue is dispositive); Est. of Solesbee , 438 S.C. at 649, 885 S.E.2d at 149 (determining that because the admission agreement and arbitration agreement did not merge, the equitable estoppel argument was properly denied); Coleman , 4 07

S.C. at 356, 755 S.E.2d at 455 ("Since there was no merger here, appellants' equitable estoppel argument was properly denied by the circuit court."); Hodge

, 422 S.C. at 563, 813 S.E.2d at 302 (concluding "equitable estoppel would only apply if documents were merged").

Second, we hold the circuit court did not err by denying the Facility's request to conduct limited discovery to address gaps in the evidentiary record bearing on the Arbitration Agreement's enforceability under an agency theory. See Est . of

Solesbee , 438 S.C. at 651, 885 S.E.2d at 150 ("Because we find the trial court correctly held there was no merger of the Agreements and Magnolia's equitable estoppel argument was properly denied, we also find the court did not err indenying its reque st for further discovery when it would not have changed the result.").

AFFIRMED. 1

WILLIAMS , C.J., and MCDONALD and TURNER , JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.