Bank of the Ozarks Inc. v. Walker

Because I believe the majority errs in the disposition of this case, I respectfully dissent. The majority improperly reverses and remands this case when it should affirm the circuit court’s denial of the Bank’s motion to compel arbitration. The majority, therefore, permits the Bank to have a second bite at the apple to carry its burden of proving that an agreement to arbitrate existed, despite the fact that a de novo review of the record in this ease reveals that neither the Bank nor the ap-pellees demonstrated that appellees received notice of, or assented to, an arbitration provision. In…