Legal Opinion · Dissent

AARON v. UNITED HEALTH SERVICES OF GEORGIA, INC., Et Al.

Court of Appeals of Georgia

Decided March 15, 2019No. A18A1926Published

1DissentHodges, Judge

The majority's holding permits a nursing home to deprive a party of his day in court despite the absence of an enforceable arbitration agreement. Consequently, I respectfully dissent.

*567As the party seeking to compel arbitration, PruittHealth must "prov[e] the existence of a valid and enforceable agreement to arbitrate," which "is generally governed by state law principles of contract formation." (Citation omitted.) United Health Svcs. of Ga. v. Alexander , 342 Ga. App. 1, 2 (2), 802 S.E.2d 314 (2017). For over a century, Georgia courts have held that if a contract calls for signatures, it is…

2Cases cited7 opinions

  1. Clarke Bros. v. McNattSupreme Court of Georgia · 1909
  2. TranSouth Financial Corp. v. RooksCourt of Appeals of Georgia · 2004
  3. Turnipseed v. JajeSupreme Court of Georgia · 1996
  4. Graham v. HHC St. Simons, Inc.Court of Appeals of Georgia · 2013
  5. UNITED HEALTH SERVICES OF GEORGIA, INC. Et Al. v. ALEXANDER Et Al.Court of Appeals of Georgia · 2017

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