Bank of the Ozarks, Inc., and Bank of the Ozarks, Appellants v. Robert Walker, Ann B. Hines, and — Goodson, J…

Summary

Justice Goodson dissented from the majority's reversal and remand, concluding that the circuit court's denial of the motion to compel arbitration should have been affirmed. She reasoned that the Bank failed to prove that the appellees received notice of, or assented to, the arbitration provision because it relied only on inconsistent, undated, and unsigned account documents without supporting evidence. Justice Goodson, dissenting, would have affirmed the denial and required the Bank to bear the burden of proving the arbitration agreement's existence.