Tupelo Auto Sales, Ltd. v. Gary P. Scott

Summary

The Mississippi Supreme Court considered whether Tupelo Auto Sales could compel arbitration of a customer's warranty claims arising from the purchase of a used vehicle. The court held that it had jurisdiction to review an order denying arbitration, but affirmed and remanded because the appellant failed to provide an adequate record demonstrating reversible error. The court relied on the absence of a hearing transcript and the trial court's summary order, applying the reasoning of Oakwood Homes Corp. v. Randall.

Holdings

1. An appeal may be taken from an order denying a motion to compel arbitration, even absent a final judgment, a Rule 54(b) certification, or a Rule 5 interlocutory-appeal order.
2. The denial of the motion to compel arbitration was affirmed because Tupelo Auto Sales failed to demonstrate reversible error on a record containing no hearing transcript and an order that stated no grounds for the ruling.

Questions Presented

1. Whether the Supreme Court of Mississippi had jurisdiction to review an order denying a motion to compel arbitration when the order was not a final judgment, was not certified under Mississippi Rule of Civil Procedure 54(b), and had not been granted interlocutory review under Mississippi Rule of Appellate Procedure 5.
2. Whether the trial court reversibly erred by denying Tupelo Auto Sales's motion to compel arbitration and dismiss the warranty claims.

Disposition

affirmed_and_remanded