Merrill Lynch, Pierce, Fenner & Smith Inc. v. Havird

GOOLSBY, Judge:

Merrill Lynch, Pierce, Fenner & Smith Incorporated, and McKendree Long, III (collectively Merrill Lynch) commenced this declaratory judgment action against Janelle Havird seeking to enjoin arbitration proceedings instituted by Havird. The trial court granted partial summary judgment to Merrill Lynch declaring certain claims were ineligible for arbitration. The trial court also dismissed the surviving claims to arbitration. Merrill Lynch and Havird appeal. We reverse and remand.

FACTS

In 1981, Havird opened an individual securities account with Merrill Lynch. Long serviced…