Ggnsc Holdings, LLC, Appellants v. Kathyrn S. Chappel, as Special Administrator of the Estate of W.c…

Summary

The court reversed and remanded an order denying motions to compel arbitration because the circuit court did not expressly decide whether valid arbitration agreements existed before considering contract defenses. The circuit court must first resolve contract formation, then determine the agreement's scope, and only afterward address defenses to enforcement. Justice Courtney Hudson Goodson, concurring, agreed with the remand but criticized the precedent requiring an express threshold ruling as an unnecessary and confusing departure from traditional appellate practice.