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MONTICELLO CARE CENTER v. ESTATE OF MARTIN

No. 2007-CA-02158-COA.

17 So.3d 172 (2009)

MONTICELLO COMMUNITY CARE CENTER, LLC and Comm-Care Mississippi, Appellants v. The ESTATE OF Bobby MARTIN, by and through Janet PEYTON, individually and as Personal Representative of the Estate of Bobby Martin on Behalf of and for the Use and Benefit to the Wrongful Death Beneficiaries of Bobby Martin, Appellee.

Court of Appeals of Mississippi.

August 25, 2009.

Attorney(s) appearing for the Case

John Aloysius Stassi, Lynda Clower Carter, Nicole Collins Huffman, Biloxi, attorneys for appellants.

F.M. Turner, Hattiesburg, attorney for appellee.

Before KING, C.J., ISHEE and MAXWELL, JJ.

KING, C.J., for the Court.

¶ 1. On August 12, 2004, the estate of Bobby Martin filed a wrongful-death lawsuit in the Circuit Court of Lawrence County against Monticello Community Care Center (Monticello) and Comm-Care Mississippi (Comm-Care). Monticello and Comm-Care filed a motion to dismiss or, in the alternative, to compel arbitration. The trial Court denied the motion. Aggrieved, Monticello and Comm-Care appeal, raising one issue: whether the trial court...

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