Asbury Automotive Used Car Center, L.L.C. v. Brosh

Tom Glaze, Justice.

This is an interlocutory appeal from an order of the trial court denying a motion filed by appellant Asbury Automotive Used Car Center (“Asbury”) to compel arbitration. In the mid-1990s, appellees Patrie Brosh, Mark Lunsford, and Mel Anderson developed a concept of selling used cars from WalMart parking lots. Brosh, Lunsford, and Anderson’s company, appellee New Century Auto Sales Corporation (“New Century”), entered into a lease agreement with Wal-Mart whereby New Century leased property on Wal-Mart parking lots from which to sell used cars. New Century eventually…