(DOWNLOAD) "Wessex House of Jacksonville, Inc. v. Kelley" by 2004$22005 Supreme Court of Alabama October Term # eBook PDF Kindle ePub Free
eBook details
- Title: Wessex House of Jacksonville, Inc. v. Kelley
- Author : 2004$22005 Supreme Court of Alabama October Term
- Release Date : January 25, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Wessex House of Jacksonville, Inc. (""Wessex House""), appeals from an order of the Calhoun Circuit Court entered on February 25, 2004, setting aside the court's prior order of January 22, 2004, which had dismissed the case filed against Wessex House by ""Comer Kelley by and through his next ... friend, Larry Kelley.""1 We are constrained to dismiss the appeal because it is taken from a non-final order, which will not support an appeal. Because that determination is based on an analysis of the procedural implications of various steps taken by the parties and the trial court and because we have previously denied Wessex House's separately filed petition for a writ of mandamus challenging the February 25, 2004, order, Ex parte Wessex House (No. 1031039, June 14, 2004), ___ So. 2d ___ (Ala. 2004)(table), we offer the following explanation: Comer Kelley's lawsuit arose out of an injury he alleged he had experienced while a patient in a nursing home operated by Wessex House. Wessex House moved to compel arbitration of the dispute, and the trial court granted its motion on January 4, 1999, placing the case on the court's administrative docket pending the outcome of the arbitration and stating that ""[t]he parties are ordered to comply with the arbitration agreement executed by said parties and [Kelley] shall initiate arbitration proceedings on all claims made against [Wessex House] within thirty (30) days from the date of this order or this case shall be dismissed with prejudice."" On February 1, 1999, Kelley filed a motion to vacate the order and to strike or deny Wessex House's motion to compel arbitration and submitted a lengthy memorandum brief in support of his motion. Related procedural maneuvering by the parties ensued, and a previously ordered stay on discovery was ""lifted"" for certain purposes. After Wessex House filed a lengthy response to Kelley's motion, a lull in court filings ensued, other than a motion to substitute Larry Kelley as the plaintiff upon Comer Kelley's death (see note 1), and no ruling was ever entered on Kelley's motion.
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