Akilah Louise Wofford, et al. v. M.J. Edwards & Sons Funeral Home Inc., et al.

This appeal concerns the enforceability of an agreement to arbitrate a dispute between a consumer and funeral home. The trial court refused to compel arbitration, finding no meeting of the minds as to the arbitration agreement. On appeal, the funeral home argues that this Court should consider not only the signed agreement, but also another document allegedly incorporated by reference into the parties‘ contract in compelling arbitration. We hold: (1) the additional document providing details regarding arbitration was not incorporated by reference into the parties‘ contract; and (2) the arbitration provision actually contained in the parties‘ contract is unenforceable because it is beyond the expectations of an ordinary person. Affirmed and remanded.