(DOWNLOAD) "Braden v. Jf Enterprises" by In the Missouri Court of Appeals Western District * eBook PDF Kindle ePub Free
eBook details
- Title: Braden v. Jf Enterprises
- Author : In the Missouri Court of Appeals Western District
- Release Date : January 30, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Cyndy Braden (Braden) and Rhoda Slebioda (Slebioda) appeal the trial court's interlocutory judgment compelling arbitration of their claims against JF Enterprises surrounding the sale and purchase of an automobile. Braden and Slebioda brought suit against JF Enterprises, LLC (JF) for fraud, deceptive trade practices, and breach of the arbitration agreement in connection with an automobile sale. JF filed a motion to dismiss or, in the alternative, to stay the proceedings, arguing that Missouri law required the court to compel arbitration under the parties' separately signed arbitration agreement. The court overruled the motion to dismiss but sustained the motion to stay the proceedings, finding that it ""may award punitive damages to the prevailing party in its discretion."" It also found that ""there is no just reason to delay such determination"" under Rule 74.01(b). Because a judgment compelling arbitration is not appealable under RSMo. 435.440, we lack jurisdiction and dismiss the appeal. Jurisdiction Although neither party challenges this court's jurisdiction, we must determine sua sponte whether we can hear Braden's appeal. Jackson County v. McClain Enters., Inc., 190 S.W.3d 633, 637 (Mo. App. W.D. 2006). Braden's jurisdictional statement asserts jurisdiction under Rule 74.01(b). The right to appeal is statutory only, and Rule 74.01 does not serve as the source of the right to appeal but rather helps define the scope and procedure of a right to appeal provided by RSMo 512.020. That statute, however, does not provide a right to appeal a judgment or order concerning arbitration. Section 435.440.1 of the Missouri Uniform Arbitration Act (MUAA) governs appeals of court orders concerning arbitration. Jackson County, 190 S.W.3d at 638. This section is a ""special statute,"" and ""takes precedence over the general requirement[s]"" of Rule 74.01. Dunn v. Sec. Fin. Advisors, Inc., 151 S.W.3d 140, 142 (Mo. App. W.D. 2004). Section 435.440.1 authorizes appeal from: