SSC Selma Operating Co. v. Gordon

Summary

The Alabama Supreme Court affirmed the denial of a nursing-home defendants’ motion to compel arbitration in a medical-malpractice wrongful-death action. The court held that the trial court was required to conduct the jury trial previously ordered to determine whether a valid arbitration agreement existed before compelling arbitration. It further explained that evidentiary rulings on a motion in limine are not final judgments and must be preserved through a proffer at trial and reviewed on appeal from a final judgment.

Holdings

1. The trial court properly denied the renewed motion to compel arbitration because it had not yet conducted the jury trial required by the Supreme Court of Alabama's prior mandate to determine whether a valid arbitration agreement existed.
2. The ruling granting Gordon's motion in limine was not a final judgment and did not obviate the requirement that the trial occur and produce a final judgment on whether a valid arbitration agreement existed.
3. Any appeal challenging exclusion of the photocopy or other evidence concerning the arbitration agreement would be premature before entry of a final judgment; the defendants must proffer the evidence at trial to preserve the issue for a later appeal.

Questions Presented

1. Whether the trial court properly denied the Warren Manor defendants' renewed motion to compel arbitration before conducting the jury trial mandated to determine whether a valid arbitration agreement existed.
2. Whether the trial court's ruling on Gordon's motion in limine constituted a final, appealable judgment or otherwise eliminated the need for the mandated trial.
3. Whether the defendants could obtain appellate review of the evidentiary ruling excluding the photocopy before a final judgment was entered.

Disposition

affirmed