Jim Walter Homes, Inc. v. Saxton

880 So.2d 428 (2003)

JIM WALTER HOMES, INC., and Jerry Tinch

v.

David SAXTON.

1020513.

Supreme Court of Alabama.

October 24, 2003.

George W. Walker III and J. David Martin of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellants.

Billy B. Amason of Hand & Associates, LLC, Opelika, for appellee.

SEE, Justice.

Jim Walter Homes, Inc., and Jerry Tinch (collectively "JWH"), defendants in an action pending in the Russell Circuit Court, appeal from that court's order denying their motion to compel arbitration. David Saxton, the plaintiff, argues that it was JWH's burden to prove to the trial court…