Supreme Court of Alabama
Ex Parte Walker Regional Medical Center, Inc., and Baptist Health System, Inc. (In Re: Caroline Edwards Potts v…
December 28, 2001825 So. 2d 741
Summary
The court held that the defendants' challenge to an order allowing discovery before ruling on their motion to compel arbitration had to be reviewed by mandamus, not appeal, and therefore dismissed the appeal while reinstating the mandamus petition. It directed the trial court to vacate the discovery order because Potts had not yet established the required factually based predicate, but allowed her an opportunity to do so. No separate opinions were provided.
Holding
- Proper method of appellate review. An order continuing a motion to compel arbitration to permit discovery, before the trial court has ruled on the motion to compel, is reviewable by petition for a writ of mandamus rather than by appeal.
- Discovery opposing a motion to compel arbitration. A party opposing a properly supported motion to compel arbitration is not entitled to discovery merely by identifying possible contract defenses; it must first present a factually based predicate, ordinarily through an affidavit describing relevant circumstances within its knowledge. The trial court therefore had to vacate its broad discovery order, but Potts was entitled to an opportunity to satisfy that standard.
Docket 1000646 and 1000661
Cited authorities
- Rule 56(f)
- Rule 56(f)
- Rule 4(d)
- Rule 77(d)
- Rule 4(d)
- Rule 4(d)