Speedee Cash of Mis. V. Williams
Docket Number: | 2004-IA-02076-SCT | |
Supreme Court: | Opinion Link Opinion Date: 12-01-2005 Opinion Author: Waller, P.J. Holding: Reversed and Remanded |
|
Additional Case Information: |
Topic: Wrongful repossession - Arbitration agreement Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, JJ Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
|
Trial Court: |
Date of Trial Judgment: 08-23-2004 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: Denied motion to compel arbitration Case Number: 251-04-269CIV |
Party Name: | Attorney Name: | |||
Appellant: | SPEEDEE CASH OF MISSISSIPPI, INC.
d/b/a SPEEDEE CASH OF PEARL |
NEVILLE H. BOSCHERT, NICHOLAS H. MANLEY |
||
Appellee: | CHARLES WILLIAMS a/k/a CHARLIE WILLIAMS | MICHAEL M. LOUVIER, LOUIS J. GUICHET, III |
|
Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Wrongful repossession - Arbitration agreement |
Summary of the Facts: | Charles Williams Charlie Williams filed suit against Speedee Cash of Mississippi, Inc. d/b/a Speedee Cash of Pearl for wrongfully repossessing Williams’ Cadillac El Dorado. He also alleges causes of action for conversion, trespass, loss of income, and damage to business reputation, and demanded actual and punitive damages. Speedee Cash raised the affirmative defense of arbitration and alleged that Williams breached the contract. It also filed a motion to stay discovery pending arbitration, and a motion to compel arbitration. The lower court summarily denied Speedee Cash’s motion to compel arbitration, and the Supreme Court granted Speedee Cash’s petition to bring this interlocutory appeal. |
Summary of Opinion Analysis: | All of Williams’ claims fall under the arbitration agreement, which covers all claims pertaining in any way to any dwelling, transaction, or activities between the parties, including the arbitrability of any claim, regardless of whether they are based upon contract, tort, or otherwise and regardless of whether they are assertable at law, in equity or otherwise. There is no dispute that Williams signed the document containing the arbitration agreement. While Williams makes a claim of unconscionability on appeal, this issue was never raised before the trial court. Therefore, this issue is procedurally barred. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court