JP&G LLC v. Voss

4 Citing cases

  1. Banks v. Cavalier Homes, Inc.

    Civil Action 3:23-CV-58-SA-RP (N.D. Miss. Mar. 27, 2024)

    “The mutual assent of each of the contracting parties to the terms of the contract is essential to the formation of a valid contract and is determined by considering whether the parties mutually agreed to the terms offered and accepted.” JP&G LLC v. Voss, 331 So.3d 569, 579 (Miss. Ct. App. 2021) (quoting Blake v. Murphy Oil USA Inc., 2010 WL 3717245, at *3 (N.D. Miss. Sept. 14, 2010)) (quotation marks and additional citations omitted). Here, both parties signed the purchase agreement, which the Court views as evidence favoring mutual assent.

  2. Gregory Meridian Acquisition, LLC v. McFarland

    386 So. 3d 381 (Miss. Ct. App. 2024)

    "Under Mississippi law, to determine whether a valid arbitration agreement exists when a party objects to arbitration of a claim because it has not signed an agreement to arbitrate, the threshold question a court must consider is whether that party entered into a contractual agreement to arbitrate." JP&G LLC v. Voss, 331 So. 3d 569, 579 (¶20) (Miss. Ct. App. 2021) (quoting Hancock Mech. LLC v. McClain Contracting, No. 1:17cv54-HSO-JCG, 2018 WL 702687, at *3 (S.D. Miss. Feb. 2, 2018)). We must first address whether an agreement to arbitrate existed.

  3. Gregory Meridian Acquisition, LLC v. McFarland

    No. 2022-CA-00580-COA (Miss. Ct. App. Nov. 7, 2023)

    "Under Mississippi law, to determine whether a valid arbitration agreement exists when a party objects to arbitration of a claim because it has not signed an agreement to arbitrate, the threshold question a court must consider is whether that party entered into a contractual agreement to arbitrate." JP&G LLC v. Voss, 331 So.3d 569, 579 (¶20) (Miss. Ct. App. 2021) (quoting Hancock Mech. LLC v. McClain Contracting, No. 1:17cv54-HSO-JCG, 2018 WL 702687, at *3 (S.D.Miss. Feb. 2, 2018)). We must first address whether an agreement to arbitrate existed.

  4. McIntosh Transp. v. Love's Travel Stops & Country Stores, Inc.

    339 So. 3d 141 (Miss. Ct. App. 2022)   Cited 2 times

    The circuit court did not provide detailed findings of fact and conclusions of law, so we do not know what weight (if any) was given to these arguments at the trial court level. But as this Court recently recognized in JP&G LLC v. Voss , 331 So. 3d 569, 575 (¶7) (Miss. Ct. App. 2021), "it [is] beyond the circuit court's authority to determine whether the Agreement in its entirety was a valid contract, and it [is] improper to use such determination as a basis for denying [or granting] the existence of an agreement to arbitrate." As held by the United States Supreme Court and quoted with approval by this Court,