Pre-Paid Legal Services, Inc., et al. v. Mealey, et al.
| Docket Number: | 2002-CA-01716-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-10-2004 Holding: Affirmed and Remanded |
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| Additional Case Information: |
Topic: Contract - Arbitration agreement Judge(s) Concurring: Waller, P.J., Easley, 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: 08-29-2002 Appealed from: Wilkinson County Circuit Court Judge: Lillie Blackmon Sanders Disposition: Granted Appellee's motion for partial summary judgment. Case Number: 02-0082 CIV |
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| Note: | Motion of Arnold Dyre and Dyre Law Firm PLLC to strike portions of the appellees' brief is dismissed as moot. Appellants' Motion to Strike Affidavit and Argument is dismissed as moot. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Pre-Paid Legal Services, Inc., Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre |
RICHARD L. JONES
ROBERT L. GIBBS
ANNE CLARKE SANDERS
ANDREA LA’VERNE FORD EDNEY
TESELYN AFRIQUE MELTON
BRIAN C. KIMBLE
ERNEST G. TAYLOR
JOHN BENTON CLARK
SHANDA L. LEWIS
C. MICHAEL ELLINGBURG |
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| Appellee: | Clara Mealey, Tyrone Green, George Lee Sanders, Sr., Mary Collins, Steve Brengettsy, Emma Davis, Donna Gaylor, Vontricy McDaniel, Linda Montgomery, Dorothy Nix, Willie Roby, Albert Thompson, Teleter Tucker, Jacqueline Watkins, Mary B. Williams, Shirley Johnson, Deloris Corley, Sabrina Dixon, Charlene Johnson, Annie King, Annie L. Lee, Shirley McDaniel, Daphne Montgomery, Mary Wilson, Charles Husband, Tessa Smith and William Smith | J. BRAD PIGOTT J. DOUGLAS MINOR BARRY W. GILMER |
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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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