Dyre Law Firm v. Bradley, et al.


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Docket Number: 2002-CA-01749-SCT

Supreme Court: Opinion Link
Opinion Date: 06-10-2004
Opinion Author: Easley, J.
Holding: Affirmed and Remanded

Additional Case Information: Topic: Contract - Arbitration agreement
Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ.
Non Participating Judge(s): Diaz and Randolph, JJ.
Dissenting Author : Cobb, P.J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - CONTRACT

Trial Court: Date of Trial Judgment: 08-20-2002
Appealed from: Jasper County Circuit Court
Judge: Robert G. Evans
Disposition: The trial court granted the Appellees' motion for partial summary judgment.
Case Number: 12-0090

  Party Name: Attorney Name:  
Appellant: Dyre Law Firm, PLLC., Arnold D. Dyre, Pre-Paid Legal Services, Inc., Harland Stonecipher and Brooks Werkheiser




JOHN BENTON CLARK ERNEST G. TAYLOR SHANDA L. LEWIS C. MICHAEL ELLINGBURG F. KAY HARDAGE RICHARD L. JONES ROBERT L. GIBBS ANNE CLARKE SANDERS BRIAN CRAIG KIMBALL ANDREA LA'VERNE FORD EDNEY TESELYN AFRIQUE MELTON



 

Appellee: Laura Bradley, et al. J. BRAD PIGOTT J. DOUGLAS MINOR BARRY W. GILMER RANCE N. ULMER  

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Topic: Contract - Arbitration agreement

Summary of the Facts: The plaintiffs filed an action against Pre-Paid Legal Services, Inc., Harlan C. Stonecipher, Brooks Werkheiser, Dyre Law Firm, PLLC, and Arnold D. Dyre seeking redress for alleged misconduct including, but not limited to, deceptive trade practices, conspiracy, fraud, and negligence. They also sought a declaratory judgment stating that they were under no contractual obligation to submit any of the claims against any of the defendants to arbitration. They later filed a motion for partial summary judgment as to the absence of any applicable arbitration clause between the parties, and the court granted the motion. The defendants appeal.

Summary of Opinion Analysis: The recent decision of Pre-Paid Legal Services, Inc. v. Battle, 2004 WL 636292 (Miss. 2004), controls the disposition of all issues raised in this case. In Battle, the Court determined that there is not a valid, binding arbitration agreement contained in this pre-paid legal expense agreement.


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