EX PARTE STAMEY 776 So.2d 85 (2000) CASE BRIEF

EX PARTE STAMEY

776 So.2d 85 (2000)

NATURE OF THE CASE: Stamey, third-party plaintiffs in an action currently pending in the Mobile Circuit Court, petitioned for a writ of mandamus directing the trial court to vacate its order compelling arbitration of the Stameys' claims against Green Tree and Hallmont.

FACTS: Stameys contracted with Hallmont Homes, Inc., to purchase land and a mobile home. The contract included assurances that Hallmont would prepare a foundation for the mobile home and would install a septic system and a light pole. The Stameys claim that the septic system and the light pole were never installed. The Stameys had borrowed money from Green Tree to pay for these purchases and installations. Included in the financing agreement between Green Tree and the Stameys was this arbitration provision. Dr. Bernard Eichold II, in his capacity as health officer of Mobile County, sued for injunctive relief against the Stameys, alleging that their property was in violation of state health laws -- specifically, his complaint alleged a violation concerning the septic system on the Stameys' property. The Stameys filed an answer, along with a third-party complaint against Hallmont and Green Tree, alleging conversion, fraud, and breach of contract. Hallmont and Green Tree both moved the trial court to compel arbitration of the claims asserted against them. Hallmont was not a signatory to the arbitration agreement. The trial court granted the motions to compel.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner