GGNSC HOLDINGS, LLC, ET AL. v. NELLIE R. LAMB, BY AND THROUGH RICHARD WILLIAMS, AS GUARDIAN OF THE ESTATE AND PERSON OF NELLIE R. LAMB, ET AL.
No. CV-15-629
SUPREME COURT OF ARKANSAS
March 10, 2016
2016 Ark. 101
HONORABLE DAVID F. GUTHRIE, JUDGE
Opinion Delivered March 10, 2016
APPEAL FROM THE OUACHITA COUNTY CIRCUIT COURT [NO. CV-2011-121-6]
REVERSED AND REMANDED ON DIRECT APPEAL; AFFIRMED ON CROSS-APPEAL.
This appeal returns from our remand in GGNSC Holdings, LLC v. Chappel, 2014 Ark. 545, 453 S.W.3d 645. The appeal arose from the January 30, 2014 Ouachita County Circuit Court’s denial of GGNSC’s motion to compel arbitration of five former residents. At the time of their admission, arbitration agreements were entered by or on behalf of the following five residents: Nellie Lamb, Louise Brown, Wilma Richey, Leon Robinson, Jr., and Thomas Roche. The arbitration agreements contained the following provisions:
It is understood and agreed by Facility and Resident that any and all claims, disputes, and controversies (hereafter collectively referred to as a “claim” or collectively as “claims”) arising out of, or in connection with, or relating in any way to the Admission Agreement or any service or health care provided by the Facility to the Resident shall be resolved exclusively by binding arbitration to be conducted at a place agreed upon by the Parties, or in the absence of such an agreement, at the Facility, in accordance with the National Arbitration Forum Code of Procedure, (“NAF”) which is hereby incorporated into this Agreement, and not by a lawsuit or resort to court process. This agreement shall be governed by and interpreted under the Federal