Legal Opinion · Dissent
Bharat B. Patel v. BancorpSouth Bank
Court of Appeals of Mississippi
Decided March 3, 2016No. 2014-CA-01312-COAPublished
1DissentBarnes, J.
¶ 25. I respectfully dissent. The trial court properly found Defendants’ filing suit in Rankin Count constituted an act inconsistent with arbitration. Therefore, I would affirm the trial court’s ' denial of Defendants’ motion to dismiss and compel arbitration.
¶ 26, This case involves the unique situation where Defendants requested arbitration on repayment of the Note and Guaranties in this suit after filing suit in another county “arising from or relating *1068to” the same documents. The trial court, in denying Defendants’ motion to dismiss and compel arbitration, found that Defendants waived…
2Cases cited6 opinions
- MS Credit Center, Inc. v. HortonMississippi Supreme Court · 2006
- Galion Iron Works & Mfg. Co. v. J. D. Adams Mfg. Co.Court of Appeals for the Seventh Circuit · 1942
- In Re Piper Funds, Inc.Court of Appeals for the Eighth Circuit · 1995
- CENTURY 21 MASELLE AND ASSOC. v. SmithMississippi Supreme Court · 2007
- United States of America for the Use and Benefit of Frank A. Trucco and Sons Company v. Bregman Construction Corp., and New Amsterdam Casualty CompanyCourt of Appeals for the Seventh Circuit · 1958
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