[DOWNLOAD] "Korte Construction Company v. Deaconess" by Eastern District, Division Four Court of Appeals of Missouri * eBook PDF Kindle ePub Free

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eBook details

• Title: Korte Construction Company v. Deaconess
• Author : Eastern District, Division Four Court of Appeals of Missouri
• Release Date : January 11, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Appellant Korte Construction Co. (Korte) filed a Petition for Stay of Arbitration in the Circuit Court for the City of St. Louis to enjoin respondent Deaconess Manor Association (DMA) from arbitrating certain claims against it. Korte contended that while a valid arbitration agreement existed between it and one Orchard House Project (OHP), OHP's attempted assignment to DMA of its contractual rights (including arbitration rights) and claims arising thereunder was invalid. Rejecting Korte's argument, the trial court issued an order partially granting and partially denying Korte's petition to stay the arbitration proceeding instituted by DMA. Korte now challenges the component of that ruling adverse to it. Motion To Dismiss Appeal DMA's opening salvo before this court is that the instant appeal is neither authorized by statute nor in accordance with appellate procedure. As DMA reminds us, an appeal is only appropriate where authorized by statute. DMA argues that because RSMO § 435.440 (1994), a statute authorizing appeals from trial court rulings concerning arbitrations, does not authorize appeal of a trial court order denying a stay of arbitration, there can be no appeal of the trial court ruling in this case. DMA is quite correct that while § 435.440(1) authorizes appeal of an order denying an application to compel arbitration and § 435.440(2) authorizes appeal of an order granting an application to stay arbitration, appeal from an order denying a stay of arbitration is not contemplated by that statute. 1

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