Courtyard Gardens Health & Rehabilitation, LLC v. Quarles

The majority affirms the circuit court’s denial of the motion to compel arbitration because, in its estimation, Courtyard Gardens failed to produce conclusive evidence that Ronald Quarles had the actual authority to bind the decedent to the agreement. I dissent because the majority has misallo-cated the burden of proof and decides the issue as one of law when questions of fact remain as to Ronald Quarles’s actual or apparent authority to enter into the arbitration agreement.

Both Courtyard Gardens and the Estate agree that the provisions of the Federal Arbitration Act (FAA) govern this case.…