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By stan_sipple

Missouri Court of Appeals Southern District affirms trial court's refusal to compel arbitration in suit for credit card debt because Defendant did not admit in his answer that there was an arbitration provision. Lonnie D. Creech, Plaintiff-Respondent, v. MBNA America Bank, N.A., Defendnat-Appellant: 28453

The trial court conducted a summary proceeding pursuant to section 435.355.2. Based on the evidentiary hearing, the court answered the factual question of whether there was an agreement to arbitrate in the negative. We affirm the trial court?s judgment that Appellant failed to prove that the agreement between Respondent and Appellant was included or amended to include an arbitration provision. Because we affirm the finding that there was no agreement to arbitrate, we do not address Appellant?s second point. The judgment is affirmed.

Full post as published by Showmeblawgs on February 02, 2008 (boomark / email).