# AmSouth Bank v. Dees

> Supreme Court of Alabama · October 4, 2002 · 847 So. 2d 923

URL: https://www.frixlaw.com/law-library/cases/9934774

## Case

- **Full name:** Amsouth Bank v. Leffie Terrell Dees III and Yvette Dees.
- **Court:** Supreme Court of Alabama
- **Decided:** October 4, 2002
- **Citations:** 847 So. 2d 923; 2002 WL 31226210
- **Precedential status:** Published
- **Opinion:** Dissent by Johnstone
- **Judges:** Harwood, Johnstone
- **Cited by:** 16 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/9934774

## Opinion text

I respectfully dissent. The FAA applies only if the particular contract which contains the arbitration agreement substantially affects interstate commerce. 9 U.S.C. § 1 and § 2; Alafabco, Inc. v. Citizens Bank , [Ms. 1010703, August 30, 2002] ___ So.2d ___ (Ala. 2002); Sisters of the Visitation v. Cochran Plastering Co. , 775 So.2d 759 (Ala. 2000); and Rogers Found. Repair, Inc. v. Powell , 748 So.2d 869 (Ala. 1999). The particular contract in this case is the equity line of credit agreement. For *Page 942
a substantial effect on interstate commerce, however, the main opinion relies entirely on other distinct contracts and transactions collateral to or even unrelated to the equity line of credit agreement. Therefore, the FAA does not govern this case and does not preempt the Alabama law foreclosing the specific enforcement of arbitration agreements, § 8-1-41 (3), Ala. Code 1975.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934774. Public record. Not legal advice.