Slamen v. Slamen

Defendants Darlene Slamen ("Darlene"), Charles Martin ("Charles"), Wilhelmina Martin ("Wilhelmina"), and Harris Partnership, LLP ("Harris LLP") (collectively referred to as "defendants"), appealed a circuit court order requiring them to respond to discovery requests propounded upon them by Herbert Slamen ("Herbert"), arguing that all discovery should be stayed while the parties arbitrate their dispute pursuant to an arbitration provision in the partnership agreement that created Harris LLP, and that was executed by Herbert, Darlene, Charles, and Wilhelmina. Finding that the request to the trial court to compel arbitration had not been decided at the time defendants were ordered to respond to the discovery requests, the Alabama Supreme Court found the trial court erred: the trial court exceeded its discretion in ordering the defendants to participate in merit-based discovery before the arbitration issue was resolved. Accordingly, treating the appeal as a petition for the writ of mandamus, the Supreme Court granted the petition and issued a writ directing the trial court to vacate its order requiring defendants to respond to Herbert's discovery requests. View "Slamen v. Slamen" on Justia Law