Smith v. Sanderson Group, Inc.

Supreme Court of Alabama May 4, 2001

Smith v. Sanderson Group, Inc., 801 So. 2d 837 (Ala. 2001)

2001 Ala. LEXIS 150; 2001 WL 470168

Stuart, Houston, See, Lyons, Brown, Harwood, Woodall, Johnstone

Opinion of the Court

STUART, Justice.

WRIT DENIED.

HOUSTON, SEE, LYONS, BROWN, HARWOOD, and WOODALL, JJ., concur. JOHNSTONE, J., concurs in part and dissents in part.

Concurring in Part

JOHNSTONE, Justice

(concurring in part and dissenting in part).

I concur to deny the writ to revise the orders compelling arbitration of the claims against Sanderson and Conseco. I respectfully dissent from the denial of the writ to revise the order compelling arbitration of the claims against Waverlee, which is neither a signatory nor, I submit, a third party beneficiary.

Reference

Full Case Name: Ex Parte Megan Smith and Brittany Smith, by and Through Their Parents and Next Friends, James Smith and Tammy Smith and James Smith and Tammy Smith, Individually. (In Re: Tammy Smith and James Smith, Individually and as Mother, Father and Next Friends of Brittany Smith and Megan Smith, Their Minor Daughters v. the Sanderson Group, Inc.)
Status: Published