Supreme Court of Alabama, 2000

The Birmingham News Company v. Horn

The Birmingham News Company v. Horn
Supreme Court of Alabama · Decided November 3, 2000 · Cook, Johnstone
790 So. 2d 939; 2000 Ala. LEXIS 460; 2000 WL 1651313 (Southern Reporter, Second Series)

The Birmingham News Company v. Horn

Opinion of the Court

This appeal involves an identical agreement and presents the same issue addressed by this Court in Ex parte Stewart, 786 So.2d 464 (Ala. 2000). Therefore, on the authority of Ex parte Stewart, we reverse the trial court's order denying the motion to compel arbitration filed by The Birmingham News Company, and remand this cause for entry of an order granting the motion to compel arbitration.

REVERSED AND REMANDED WITH INSTRUCTIONS.

MADDOX, HOUSTON, BROWN, and ENGLAND, JJ., concur.

HOOPER, C.J., concurs in the result.

COOK and LYONS, JJ., dissent.

SEE, J., recuses himself.

Dissenting Opinion

I respectfully dissent, for the same reasons expressed by Justice Lyons in Ex parte Stewart, 786 So.2d 464 (Ala. 2000) (Lyons, J., dissenting).

Lyons, J., concurs.

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