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AMERICAN GENERAL FINANCE, INC. v. MANLEY

Nos. 1970386, 1970622 and 1970623.

729 So.2d 260 (1998)

AMERICAN GENERAL FINANCE, INC., et al. v. Roy L. MANLEY. Ex parte Barbara A. Danley. Re Barbara A. Danley v. American General Finance, Inc., et al. Ex parte Orvil D. Wellington and Alice Wellington. Re Orvil D. Wellington and Alice Wellington v. American General Finanace, Inc., et al.

Supreme Court of Alabama.

November 20, 1998.

Attorney(s) appearing for the Case

Robert H. Rutherford, Carol H. Stewart, and Eric D. Franz of Burr & Forman, L.L.P., Birmingham; and Larry B. Moore of Moore & Trousdale, P.C., Florence, for American General Finance, Inc., Merit Life Insurance Company, William S. Richardson, and Angela Renee Landers.

J. Wilson Mitchell of Yates, Mitchell, Bernauer, Winborn & Morton, Florence, for Barbara A. Danley, Roy L. Manley, Orvil D. Wellington, and Alice Wellington.

PER CURIAM.

The appeal in case no. 1970386 is from a denial of the defendants' motion to compel arbitration. The defendants supported their motion by submitting a copy of the contract at issue and pertinent affidavits of an officer and an employee of the defendant American General Finance, Inc. The only opposition to that motion was an argument on behalf of the plaintiff that the arbitration clause was unenforceable for lack of mutuality.1

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