Buie filed a wrongful death action after resident’s death. Buie signed an agreement for arbitration on the line for a legal representative, but not on the line where she would sign for herself. Defendants argued that the case should be dismissed under Rule 12(b)(1) because all claims were subject to arbitration; Defendants moved to compel arbitration. Mariner provided no evidence that the resident authorized or otherwise gave Buie express authority to sign the arbitration agreement. “Additionally, as there has been no showing that Buie was empowered, either by court order or statute, to make legal decisions regarding McNickles’ affairs, the Court finds that Defendants have likewise failed to establish their claim that Buie signed the subject Agreement as the personal representative of, or in a fiduciary capacity for, McNickles.” The motion to compel arbitration was denied. The court found that diversity existed, so the motion to dismiss was also denied.

This case could be impacted by the holding in Covenant Health Rehab of Picayune, L.P. v. Brown, 2007 Miss. LEXIS 43 (Miss. 2007)