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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. COBB

1961773.

717 So.2d 355 (1998)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; and Ann Holman v. Jerry COBB and Retha Cobb.

Supreme Court of Alabama.

June 19, 1998.

Attorney(s) appearing for the Case

A. Inge Selden III, Carl S. Burkhalter, and T. Louis Coppedge of Maynard, Cooper & Gale, P.C., Birmingham, for appellants.

Thomas T. Gallion III of Haskell, Slaughter & Gallion, Montgomery; and Ray Vaughan, Montgomery, for appellees.

KENNEDY, Justice.

The defendants, Merrill Lynch, Pierce, Fenner & Smith, Inc., and Ann Holman, appeal from the trial court's denial of their motion to compel arbitration. The notice of appeal was not timely filed, and the appeal is dismissed ex mero motu.

The trial court denied the defendants' motion to compel arbitration on December 10, 1996. The denial of a motion to compel arbitration is an appealable order...

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