Oakwood Mobile Homes, Inc. and William J. Rotert, Jr. v. Sherrie A. Sprowls

Summary

The Supreme Court of Kentucky denied Oakwood Mobile Homes and William J. Rotert's motion under CR 65.09 to vacate the Court of Appeals' denial of interlocutory relief concerning a motion to compel arbitration. The court held that the movants failed to demonstrate extraordinary cause and did not show that the trial court's finding that the employee lacked actual notice of the arbitration program was clearly erroneous. The court concluded that, under Kentucky contract law, the employee had not agreed to arbitrate her employment-related claims.

Holdings

1. A party seeking relief under CR 65.09 must demonstrate extraordinary cause; the movants failed to make that showing.
2. The trial court properly found that Sprowls lacked notice of Oakwood's arbitration program and therefore had not assented to arbitrate by continuing her employment.
3. The Supreme Court would not remand the matter to require the Court of Appeals to treat a motion expressly brought under CR 65.07 as a CR 73 direct appeal.

Questions Presented

1. Whether the movants demonstrated extraordinary cause warranting Supreme Court relief under CR 65.09.
2. Whether the Kentucky Court of Appeals' CR 65.07 procedure improperly restricted review of the denial of a motion to compel arbitration or was preempted by the Federal Arbitration Act.
3. Whether the trial court clearly erred or abused its discretion in finding that Sprowls lacked notice of the arbitration program and therefore did not assent to arbitration.

Disposition

writ_denied