ROBERT RANDALL CAPPS, ET. AL. v. ADAMS WHOLESALE CO., INC., ET. AL. - Articles

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Posted by: Tanja Trezise on May 21, 2015

Court: TN Court of Appeals

Attorneys 1:

Darryl Lowe, Knoxville, Tennessee, for the appellant, TAMKO Building Products, Inc.

Attorneys 2:

Thomas C. Jessee, Johnson City, Tennessee, for the appellees, Robert Randall Capps and Carolyn Brown Capps.

Judge(s): MCCLARTY

This appeal concerns the applicability of an arbitration agreement. The plaintiffs purchased decking product manufactured by the defendant. The product was covered by a limited warranty, which included an arbitration agreement. The limited warranty was never provided to the plaintiffs. Instead, a notice was attached to the product, advising them to retrieve a copy of the limited warranty through the defendant?s website. Following installation of the product, the plaintiffs experienced problems with the product. The defendant advised the plaintiffs that the issue was merely cosmetic. The plaintiffs filed suit. The defendant filed a motion to dismiss or to stay the proceedings and compel arbitration. The trial court denied the motion, finding that the parties had not entered into an agreement to arbitrate disputes. The defendant appeals. We affirm.

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