Dyre Law Firm v. Bradley, et al.
Docket Number: | 2002-CA-01749-SCT | |
Supreme Court: | Opinion Link Opinion Date: 06-10-2004 Opinion Author: Easley, J. Holding: Affirmed and Remanded |
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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 |
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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 |
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Appellee: | Laura Bradley, et al. | J. BRAD PIGOTT J. DOUGLAS MINOR BARRY W. GILMER RANCE N. ULMER |
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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: | 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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