Connie Lange Missouri Cases

Connie Lange appealed the circuit court's judgment confirming an arbitration award in her favor and overruling her motion to vacate the order compelling arbitration. Lange argued that GMT Auto Sales, Inc. (GMT) lacked the right to compel arbitration after assigning the contract, waived its right by filing a motion to dismiss, and that the arbitration provision was unenforceable. The Missouri Supreme Court affirmed, holding that GMT retained its right to arbitrate, did not waive it by filing a motion to dismiss before its responsive pleading, and Lange's unenforceability argument was unpreserved.

Connie Lange sued GMT Auto Sales, Inc. under the Missouri Merchandising Practices Act, challenging an administrative fee on a camping trailer sale. After the trial court denied GMT's motion to dismiss on the merits, GMT successfully moved to compel arbitration. Lange appealed the denial of her motion to vacate the arbitration award. The appellate court reversed, holding that GMT waived its right to arbitrate by first seeking a substantive ruling on the merits from the trial court. The case was remanded for further proceedings.