Missouri Court of Appeals, Western District / Sep 21, 2021
Joseph Elyachar and Michael Elyachar vs. Big Bob's Flooring Outlet of America, Inc., and Floors & More, LLC and Vincent Virga
Joseph and Michael Elyachar sued Big Bob's Flooring Outlet of America, Inc., Floors & More, LLC, and Vincent Virga for breach of contract and other claims. The defendants moved to stay the state court proceedings pending the outcome of a separate petition to compel arbitration filed in a Massachusetts federal court. The trial court denied the motion to stay. The appellate court dismissed the appeal for lack of appellate jurisdiction, holding that neither Missouri's Uniform Arbitration Act nor the Federal Arbitration Act provided a right to appeal the denial of a motion to stay that was not a motion to compel arbitration or a stay sought under FAA Section 3 for arbitration in the same court.