Porter Capital Corp. v. Thomas

PITTMAN, Judge.

Porter Capital Corporation (“Porter Capital”) and Porter Bridge Loan Company, Inc. (“Porter Bridge”), appeal from an order of the Jefferson Circuit Court denying their motions to compel arbitration of the counterclaims asserted against them by Dennis R. Thomas, M.D. We affirm.

Factual and Procedural Background

On October 10, 2007, Porter Capital entered into a commercial-financing agreement and a security agreement with Ath-lon Pharmaceuticals, Inc. (“Athlon”). Pursuant to those agreements, Porter Capital agreed to provide Athlon with accounts-receivable financing and to…