Supreme Court of Alabama

Cadence Bank, N.a. v. Goodall-Brown Associates, L.p.; Sloss Real Estate Group, Inc. v. Goodall-Brown…

September 19, 2014178 So. 3d 814

Summary

The court affirmed the order effectively compelling Cadence to arbitrate because, through its predecessor's assignment and the parties' mortgage and attornment agreements, Cadence stood in the shoes of the lender and became subject to the lease's arbitration provision. It denied the Sloss defendants' mandamus petition, holding that Goodall-Brown had sufficient legally protected interests and alleged an injury arising from unpaid rent and related conduct when it commenced the action. The court dismissed the remaining appeals as moot or procedurally improper. Justice Murdock, concurring in the result, would have denied mandamus because the asserted defects concerned the merits or real-party-in-interest status rather than standing, and would have relied on merger-successor liability concerning Cadence.