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 the assignment of the mortgage, the attornment agreement, the default, and the merger with its predecessor, Cadence stood in the shoes of the lender and became subject to the lease's arbitration provision. The court denied mandamus relief because Goodall-Brown had standing when it filed suit and retained legally protected rights to collect rent and pursue related claims despite the collateral assignment. The court dismissed the remaining appeals as moot because the challenged arbitration and discovery issues no longer presented a live controversy. Justice Murdock, concurring in the result, would have denied mandamus on the ground that the asserted defects concerned the merits or real-party-in-interest status rather than standing and relied on successor-corporation liability to affirm as to Cadence.