Dennis Hardy v. Regions Mortgage, Inc.

Eleventh Circuit

Dennis Hardy v. Regions Mortgage, Inc.

140 F. App'x 922

CourtCourt of Appeals for the Eleventh Circuit

DecidedAugust 3, 2005

Docket04-15403

StatusUnpublished

This text of 140 F. App'x 922 (Dennis Hardy v. Regions Mortgage, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dennis Hardy v. Regions Mortgage, Inc., 140 F. App'x 922 (11th Cir. 2005).

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Opinion

PER CURIAM.

Cendant Corporation appeals the denial of its motion to compel arbitration by the district court. Cendant contends that the district court erred when it concluded that the Hardys had not assented to the arbitration provision contained in their membership agreement with the Shoppers Advantage club. Cendant relies heavily upon the decision of the Alabama Supreme Court in Memberworks, Inc. v. Yance, 899 So.2d 940 (Ala.2004), which is virtually indistinguishable from this case. The Hardys accepted a three-month trial period during which they received the arbitration agreement and could have cancelled their membership without a penalty. The Hardys instead accepted the arbitration provision when they continued to pay $5 a month from July 1996 to 2003 for their membership in the club. Id. at 943-44; see also UBS PaineWebber, Inc. v. Brown, 880 So.2d 411, 415 (Ala.2003).

REVERSED and REMANDED.

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PER CURIAM.

Cendant Corporation appeals the denial of its motion to compel arbitration by the district court. Cendant contends that the district court erred when it concluded that the Hardys had not assented to the arbitration provision contained in their membership agreement with the Shoppers Advantage club. Cendant relies heavily upon the decision of the Alabama Supreme Court in Memberworks, Inc. v. Yance, 899 So.2d 940 (Ala.2004), which is virtually indistinguishable from this case. The Hardys accepted a three-month trial period during which they received the arbitration agreement and could have cancelled their membership without a penalty. The Hardys instead accepted the arbitration provision when they continued to pay $5 a month from July 1996 to 2003 for their membership in the club. Id. at 943-44; see also UBS PaineWebber, Inc. v. Brown, 880 So.2d 411, 415 (Ala.2003).

REVERSED and REMANDED.

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Bluebook (online)

140 F. App'x 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-hardy-v-regions-mortgage-inc-ca11-2005.

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