MORRISON RESTAURANTS, INC. v. HOMESTEAD VILLAGE OF FAIRHOPE, LTD.

1961644.

710 So.2d 905 (1998)

MORRISON RESTAURANTS, INC. v. The HOMESTEAD VILLAGE OF FAIRHOPE, LTD.

Supreme Court of Alabama.

March 6, 1998.


Attorney(s) appearing for the Case

Richard W. Fuquay and Kathy P. Sherman of Pittman, Pittman & Carwie, Mobile, for appellant.

David P. Broome, Mobile, for appellee.


MADDOX, Justice.

The main issue in this case is whether a party to a foodservice contract waived its right to assert any rights it might have had under a mediation/arbitration clause in the contract. The trial court, finding no waiver, referred the dispute between the parties to mediation, with nonbinding arbitration to follow if the mediation proved unsuccessful. Based on the particular facts of this case, we conclude that the trial court erred.

Morrison...

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