FRANDA WEBB, ET AL. v. FIRST TENNESSEE BROKERAGE, INC., ET AL. - Articles

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Posted by: Brittany Sims on Jun 18, 2013

Head Comment: CORRECTION: Opinion previously filed on 4/23/13 is withdrawn and replaced by the attached opinion.

Court: TN Court of Appeals

Attorneys 1:

Mark D. Griffin, Kristine L. Roberts, and William E. Routt, III, Memphis, Tennessee, for the appellants, First Tennessee Brokerage, Inc., and Michael Conaty.

Attorneys 2:

John A. Lucas and Lane E. McCarty, Alcoa, Tennessee, for the appellees, Franda Webb, and D.P., a minor, by and through his legal custodian, Franda Webb, citizens and Residents of Knox County, Tennessee.

Judge(s): MCCLARTY

In this appeal, we are asked to determine whether the trial court properly denied the defendants’ motion to compel arbitration and to stay proceedings. The defendants assert that Ms. Webb signed an agreement to arbitrate “all controversies” when she opened the brokerage account with them. The trial court determined, inter alia, that the arbitration agreement was not enforceable under state law, that Ms. Webb did not agree to arbitration, and that the account representative fraudulently induced Ms. Webb to enter into the agreement. We affirm the decision of the trial court only as to arbitration; we vacate any findings that go to the merits of the underlying case and remand for further proceedings.