# Brown v. Homes of Legend, Inc.

> Supreme Court of Alabama · June 30, 2000 · 781 So. 2d 178

URL: https://www.frixlaw.com/law-library/cases/7739562

## Case

- **Full name:** Ex parte Gloria J. BROWN. (In re Gloria J. Brown v. Homes of Legend, Inc.)
- **Court:** Supreme Court of Alabama
- **Decided:** June 30, 2000
- **Citations:** 781 So. 2d 178; 2000 Ala. LEXIS 255; 2000 WL 869574
- **Precedential status:** Published
- **Opinion:** Concurrence by See
- **Judges:** Brown, Cook, England, Hooper, Houston, Johnstone, Lyons, Maddox, See
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7739562

## Opinion text

SEE, Justice
(concurring specially).
I concur in the overruling of the application for rehearing. I would, however, modify this Court’s original opinion (in which I concurred) to clarify that the arbitration compelled by the trial court is nonbinding.
In Homes of Legend, Inc. v. McCollough, 776 So.2d 741 (Ala.2000), this Court construed the same arbitration provision at issue in this case and held that it provided for nonbinding arbitration. Thus, based on this Court’s decision in McCol-lough, the trial court properly granted Homes of Legend’s motion to compel arbitration and ordered Brown to submit her claims to arbitration in accordance with the terms of the arbitration provision in Homes of Legend’s written warranty. See id.; 9 U.S.C. § 4 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7739562. Public record. Not legal advice.