Summary
The Supreme Court of Alabama reviewed the denial of StoneMor Alabama, LLC's motion to compel arbitration in a dispute concerning the removal of a memorial bench from a cemetery grave site. The court held that the arbitration clause, which covered disputes relating to goods or services purchased from StoneMor, applied to the dispute and that the transaction affected interstate commerce under the Federal Arbitration Act. The court reversed the trial court's order and remanded for further proceedings compelling arbitration.
Holdings
- The dispute over the removal of the memorial bench related to goods and services that were the subject of the parties' contract and therefore fell within the scope of the contract's arbitration clause.
- StoneMor met its burden of proving a contract containing an arbitration clause and a transaction affecting interstate commerce, and Summers failed to present evidence that the clause was invalid or did not apply.
- The appeal was properly before the court and was not moot; an order granting or denying a motion to compel arbitration is appealable as a matter of right, and on remand the trial court's duty would be limited to compelling arbitration.
Questions Presented
- Whether the dispute over StoneMor's removal of Summers's memorial bench fell within the scope of the arbitration clause in the burial-services contract.
- Whether StoneMor established the existence of an arbitration agreement and a transaction affecting interstate commerce sufficient to shift the burden to Summers.
- Whether StoneMor's appeal should be dismissed on the asserted procedural or mootness grounds.
Disposition
reversed_and_remanded
Cases Cited (9)
- Parkway Dodge, Inc. v. Yarbrough, 779 So. 2d 1205 (Ala. 2000)(followed)
- TranSouth Financial Corp. v. Bell, 739 So. 2d 1110, 1114 (Ala. 1999)(followed)
- Jim Burke Automotive, Inc. v. Beavers, 674 So. 2d 1260, 1265 n.1 (Ala. 1995)(followed)
- Elizabeth Homes, L.L.C. v. Gantt, 882 So. 2d 313, 315 (Ala. 2003)(followed)
- Fleetwood Enterprises, Inc. v. Bruno, 784 So. 2d 277, 280 (Ala. 2000)(followed)
- Serra Chevrolet, Inc. v. Hock, 891 So. 2d 844, 847 (Ala. 2004)(followed)
- AmSouth Bank v. Dees, 847 So. 2d 923, 932 (Ala. 2002)(followed)
- Karl Storz Endoscopy-America, Inc. v. Integrated Medical Systems, Inc., 808 So. 2d 999, 1013 (Ala. 2001)(followed)
- Ex parte Queen, 959 So. 2d 620, 621 (Ala. 2006)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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