Gibbs v. Capital Resorts Grp.

Full title: BRENDA GIBBS v. CAPITAL RESORTS GROUP, LLC, ET AL.

Court: COURT OF APPEALS OF TENNESSEE AT KNOXVILLE

No. E2019-00295-COA-R3-CV

Date published: Feb 24, 2020

Fact:

Telford E. Forgety, Jr., Chancellor This appeal involves the denial of a motion to dismiss and to compel mediation and arbitration. The Trial Court determined that the plaintiff had properly challenged the mandatory arbitration provisions of the contract, including the delegation clause, on the basis of fraudulent inducement of the contract including the delegation clause. The Trial Court, therefore, denied the defendants’ motion to dismiss and to compel mediation and arbitration. Discerning no reversible error, we affirm.

Issue:

Conclusion:

The judgment of the Trial Court is affirmed, and this cause is remanded to the Trial Court for further proceedings consistent with this Opinion and for collection of the costs below. The costs on appeal are assessed against the appellants, Capital Resorts Group, LLC, and Capital Resorts Management, LLC, and their surety, if any. 

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