SSC Selma Operating Company, LLC v. GordonAnnotate this Case
SSC Selma Operating Company, LLC, doing business as Warren Manor Health & Rehabilitation Center ("SSC"), and Bernard Turk, the administrator of Warren Manor Health & Rehabilitation Center ("Warren Manor") (referred to collectively as "the Warren Manor defendants"), appealed a circuit court judgment denying their joint motion to compel arbitration of the medical-malpractice wrongful-death claims asserted against them by Ethel Gordon ("Gordon"), the administratrix of the estate of Jimmy Lee Gordon, Gordon's husband, pursuant to an arbitration agreement they allege Gordon had entered into with SSC. Upon review, the Supreme Court affirmed, finding that the circuit court properly denied the Warren Manor defendants' motion to compel arbitration of Gordon's claims against them because the trial court had yet to conduct a trial to resolve the issue identified by the Supreme Court in "Gordon I" — whether a valid arbitration agreement existed between Gordon and SSC. "Only if that issue is answered in the affirmative may the Warren Manor defendants properly move to compel arbitration. If that trial results in a judgment holding that there is no valid arbitration agreement, then the Warren Manor defendants may file a timely appeal challenging the trial court's ruling excluding any evidence they wished to submit at trial."