Timms v. Greene, No. 23805
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | FINNEY; HARWELL; MOORE |
| Citation | 427 S.E.2d 642,310 S.C. 469 |
| Parties | Dora R. TIMMS, Respondent, v. Mary GREENE, National HealthCorp, L.P., Greenwood Nursing Homes, Inc., d/b/a/ Greenwood Health Care Center, Appellants. |
| Docket Number | No. 23805 |
| Decision Date | 23 March 1993 |
Page 642
v.
Mary GREENE, National HealthCorp, L.P., Greenwood Nursing
Homes, Inc., d/b/a/ Greenwood Health Care Center,
Appellants.
Decided Feb. 16, 1993.
Rehearing Denied March 23, 1993.
Phillip E. Reeves, of Gibbes & Clarkson, P.A., Greenville, for appellants.
Robert P. Foster of Foster, Foster & Fortson, Greenville and William T. Jones, of The Jones Law Firm, Greenwood, for respondent.
FINNEY, Justice:
Defendants-Appellants Mary Greene, National HealthCorp, L.P., Greenwood Nursing Homes, Inc., d/b/a Greenwood Health Care Center (appellants), appeal a circuit court order [310 S.C. 470] denying appellant's motion to dismiss Plaintiff-Respondent Dora R. Timms' (respondent) negligence action for lack of jurisdiction, improper venue, and failure to state facts sufficient to constitute a cause of action. We affirm.
Prior to her death of unrelated causes, the respondent commenced this negligence action in the Greenwood County Circuit Court in August of 1990 seeking damages for injuries to her head and ears which she alleged occurred while left unattended under a hair dryer at Greenwood Health Care Center, Inc. (the Center). Appellant National Health Care, L.P., was made a party by virtue of its ownership of the Center. Appellant Mary Greene contracted with the Center to provide hair care services to residents and was providing services to the respondent at the time of her injuries.
Appellants did not answer the complaint, but moved to dismiss the action under Rule 12(b)(6), SCRCP, asserting 1) that the circuit court was without subject matter jurisdiction inasmuch as the contract between Timms and the Center required submission of the dispute to binding arbitration; 2) that the circuit court was the improper venue due to the fact that the proper forum to hear the case was the appropriate arbitration panel; 3) that respondent's complaint failed to allege facts sufficient to state a cause of action; and 4) sought an order requiring the respondent to provide a more definite statement of her complaint, pursuant to Rule 12(e), SCRCP.
The court denied appellant's motion to dismiss, holding that the arbitration agreement is unenforceable in that 1) it does not comply with the notice requirement of the
Page 643
South Carolina Uniform Arbitration Act, S.C.Code Ann. § 15-48-10 et seq. (Supp.1991), (the State Act) or otherwise; and 2) that the contract does not involve interstate commerce, therefore, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (the Federal Act) does not supersede the State Act. This appeal followed.The contract evidencing the controverted arbitration agreement was executed by Timms in September of 1988 when she became a resident of the Center. The Center provided an Admission and Financial Contract containing the following Dispute Resolution Procedure.
The parties hereby agree to...
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Dean v. Heritage Healthcare of Ridgeway, LLC, No. 27401.
...Act (FAA) does not apply to the Agreement because the residency agreement does not involve interstate commerce. (Citing Timms v. Greene, 310 S.C. 469, 427 S.E.2d 642 (1993), overruled in part by Cape Romain Contractors, Inc. v. Wando E., L.L.C., 405 S.C. 115, 123 n. 5, 747 S.E.2d 461, 465 n......
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Cape Romain Contractors, Inc. v. Wando E., LLC, No. 27298.
...[of the FAA]”); see alsoS.C.Code § 15–48–200(a)(1) (providing for an appeal from an order denying an application to compel arbitration). 5.310 S.C. 469, 427 S.E.2d 642 (1993). We overrule Timms to the extent it determined the FAA did not apply because the contract on its face failed to demo......
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Thornton v. TRIDENT MEDICAL CENTER, No. 3706.
...in contract requiring removal of water and sludge from property in South Carolina to a facility in North Carolina); Timms v. Greene, 310 S.C. 469, 427 S.E.2d 642 (1993) (stating that a contract between a nursing home and patient did not involve interstate commerce, despite the fact that the......
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New Hope Baptist Church v. Paragon, No. 4433.
...Aiken, 373 S.C. 144, 644 S.E.2d 705; Chassereau, 373 S.C. 168, 644 S.E.2d 718; Zabinski, 346 S.C. 580, 553 S.E.2d 110; Timms v. Greene, 310 S.C. 469, 427 S.E.2d 642 (1993); Vestry & Church Wardens of the Church of the Holy Cross v. Orkin Exterminating Co., 356 S.C. 202, 588 S.E.2d 136 (Ct.A......
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Dean v. Heritage Healthcare of Ridgeway, LLC, No. 27401.
...Act (FAA) does not apply to the Agreement because the residency agreement does not involve interstate commerce. (Citing Timms v. Greene, 310 S.C. 469, 427 S.E.2d 642 (1993), overruled in part by Cape Romain Contractors, Inc. v. Wando E., L.L.C., 405 S.C. 115, 123 n. 5, 747 S.E.2d 461, 465 n......
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Cape Romain Contractors, Inc. v. Wando E., LLC, No. 27298.
...[of the FAA]”); see alsoS.C.Code § 15–48–200(a)(1) (providing for an appeal from an order denying an application to compel arbitration). 5.310 S.C. 469, 427 S.E.2d 642 (1993). We overrule Timms to the extent it determined the FAA did not apply because the contract on its face failed to demo......
-
Thornton v. TRIDENT MEDICAL CENTER, No. 3706.
...in contract requiring removal of water and sludge from property in South Carolina to a facility in North Carolina); Timms v. Greene, 310 S.C. 469, 427 S.E.2d 642 (1993) (stating that a contract between a nursing home and patient did not involve interstate commerce, despite the fact that the......
-
New Hope Baptist Church v. Paragon, No. 4433.
...Aiken, 373 S.C. 144, 644 S.E.2d 705; Chassereau, 373 S.C. 168, 644 S.E.2d 718; Zabinski, 346 S.C. 580, 553 S.E.2d 110; Timms v. Greene, 310 S.C. 469, 427 S.E.2d 642 (1993); Vestry & Church Wardens of the Church of the Holy Cross v. Orkin Exterminating Co., 356 S.C. 202, 588 S.E.2d 136 (Ct.A......