Pre-Paid Legal Services, Inc. v. Brownlow

Mississippi Supreme Court

Pre-Paid Legal Services, Inc. v. Brownlow

874 So. 2d 972, 2004 Miss. LEXIS 676, 2004 WL 1277019

CourtMississippi Supreme Court

DecidedJune 10, 2004

DocketNo. 2002-CA-02009-SCT

StatusPublished

Cited by3 cases

This text of 874 So. 2d 972 (Pre-Paid Legal Services, Inc. v. Brownlow) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pre-Paid Legal Services, Inc. v. Brownlow, 874 So. 2d 972, 2004 Miss. LEXIS 676, 2004 WL 1277019 (Mich. 2004).

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Opinion

WALLER, Presiding Justice, for the Court.

¶ 1. For the reasons stated in Pre-Paid Legal Services, Inc. v. Battle, 873 So.2d 79 (Miss.2004), we affirm the trial court’s grant of partial summary judgment and declaratory judgment finding that the plaintiffs’ claims are not subject to arbitration. In Battle, we determined that there was not a valid, binding arbitration agreement contained in the pre-paid legal expense agreement. We find that an average citizen would not realize that he or she is giving up his or her right to a trial by jury under the broad, general language [973]*973contained in the pre-paid legal expense agreement. Therefore, we affirm the trial court’s judgment and remand this case for further proceedings consistent with this opinion.

¶ 2. AFFIRMED AND REMANDED.

SMITH, C.J., EASLEY, CARLSON, GRAVES AND DICKINSON, JJ., CONCUR. COBB, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. DIAZ AND RANDOLPH, JJ., NOT PARTICIPATING.

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WALLER, Presiding Justice, for the Court.

¶ 1. For the reasons stated in Pre-Paid Legal Services, Inc. v. Battle, 873 So.2d 79 (Miss.2004), we affirm the trial court’s grant of partial summary judgment and declaratory judgment finding that the plaintiffs’ claims are not subject to arbitration. In Battle, we determined that there was not a valid, binding arbitration agreement contained in the pre-paid legal expense agreement. We find that an average citizen would not realize that he or she is giving up his or her right to a trial by jury under the broad, general language [973]*973contained in the pre-paid legal expense agreement. Therefore, we affirm the trial court’s judgment and remand this case for further proceedings consistent with this opinion.

¶ 2. AFFIRMED AND REMANDED.

SMITH, C.J., EASLEY, CARLSON, GRAVES AND DICKINSON, JJ., CONCUR. COBB, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. DIAZ AND RANDOLPH, JJ., NOT PARTICIPATING.

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874 So. 2d 972, 2004 Miss. LEXIS 676, 2004 WL 1277019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pre-paid-legal-services-inc-v-brownlow-miss-2004.

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