CLEVELAND v. MANN

No. 2005-CA-00924-SCT.

942 So.2d 108 (2006)

Kenneth CLEVELAND, M.D., and Central Surgical Associates, PLLC v. John MANN and Mark Mann, his Sons, Beneficiaries of John D. Mann, Deceased.

Supreme Court of Mississippi.

Rehearing Denied November 30, 2006.


Attorney(s) appearing for the Case

Lorraine Walters Boykin, Whitman B. Johnson, Jackson, attorneys for appellants.

W.O. Dillard, Jackson, attorney for appellees.

EN BANC.


DICKINSON, Justice, for the Court.

¶ 1. This is an appeal of a trial court's order denying a motion to compel arbitration. For the reasons discussed herein, we reverse and remand for entry of an appropriate order consistent with this opinion, compelling arbitration.

BACKGROUND FACTS AND PROCEEDINGS

¶ 2. On September 17, 2002, John D. Mann underwent a total gastrectomy for stomach cancer. This surgery was performed by Dr. Kenneth Cleveland...

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