Cadence Bank N.A. v. Goodall-Brown Associates, L.P.
Annotate this CaseIn consolidated appeals and petition for a writ of mandamus arose out of litigation stemming from the alleged breach of a lease agreement, which litigation was originally initiated by the lessor, Goodall-Brown Associates, L.P. Following the entry of an order compelling the matter to arbitration, the defendants Sloss Real Estate Group, Inc. ("SREG"), the lessee; Sloss Goodall-Brown, LLC, the assignee of SREG; Cadence Bank, N.A., and Second Avenue Holdings, LLC, the successors in interest to Goodall-Brown's original mortgage lender; and Leigh Ferguson, Catherine Crenshaw, Jack Peterson, A. Page Sloss, Jr., Ronald Capello, and Vicki Bolton (collectively, "the individual defendants"), and Sloss Real Estate Company ("SREC"), the alleged alter ego of the individual defendants in conjunction with SREG and Sloss Goodall, unsuccessfully sought dismissal of Goodall-Brown's claims based on the trial court's alleged lack of subject-matter jurisdiction to order the matter to arbitration because, they argued, Goodall-Brown lacked standing to assert the claims. In case no. 1111422, Cadence appealed the trial court's order effectively compelling it to arbitration. In case no. 1111449, the Sloss defendants renewed their contention that the trial court lacked the requisite subject-matter jurisdiction to compel the parties to arbitration. Alternatively, in case no. 1111526, the Sloss defendants petitioned the Supreme Court for a writ of mandamus to direct the trial court to void its order compelling the matter to arbitration and to dismiss the underlying action based on Goodall-Brown's alleged lack of standing and that court's resulting lack of subject-matter jurisdiction. In case no. 1121455 and case no. 1130054, Second Avenue appealed the trial court's denial of its request to enjoin discovery in the arbitration proceeding ordered by that court as to Second Avenue, pending resolution of the other appeals and petition. Upon review of the cases, the Supreme Court: affirmed in case 1111422; denied the petition in 1111526; and dismissed the appeals in cases nos. 1111449, 1121455, and 1130054.
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