Slamen v. Slamen

Summary

The Alabama Supreme Court treated the defendants' appeal from an order requiring merit-based discovery as a petition for a writ of mandamus. Applying Ex parte Locklear Chrysler Jeep Dodge, LLC, the court held that a trial court exceeds its discretion by ordering general discovery while a motion to compel arbitration remains pending. The court granted the petition and directed the trial court to vacate its discovery order.

Holdings

1. A challenge to a trial court's handling of discovery while a motion to compel arbitration remains pending is properly reviewed by petition for a writ of mandamus, not by an ordinary appeal from an order denying arbitration.
2. A trial court exceeds its discretion by ordering a party to participate in merit-based discovery while that party's motion to compel arbitration is pending; discovery before the arbitration ruling must be limited to issues concerning whether the parties agreed to arbitrate or whether the claims are subject to arbitration.

Questions Presented

1. Whether the defendants' challenge to an order requiring merit-based discovery while a motion to compel arbitration was pending should be reviewed by appeal or by petition for a writ of mandamus.
2. Whether the trial court exceeded its discretion by ordering the defendants to participate in general, merit-based discovery before resolving the pending motion to compel arbitration.

Disposition

writ_granted