Bank of the Ozarks, Inc., and Bank of the Ozarks, Appellants v. Robert Walker, Ann B. Hines, and Judith Belk, Appellees

Summary

The court held that the circuit court erred by ruling on unconscionability without first determining whether the parties formed a valid agreement to arbitrate. It reversed and remanded for sequential determinations of contract formation and notice, the scope of any arbitration agreement, and only then any applicable contract defense. Justice Goodson, dissenting, would have affirmed because the Bank failed to prove that appellees received notice of or assented to the arbitration provision.