Missouri Court of Appeals, Western District / Dec 4, 2018
Lobel Financial Inc. vs. Dan Bothel
Lobel Financial Inc. appealed a judgment confirming an arbitration award. Lobel had initially filed a deficiency claim in court, then moved to compel arbitration of all pending claims, including its own and Bothel's counterclaims. The arbitrator determined Lobel waived its right to arbitrate its deficiency claim by first pursuing it in court, and referred the entire matter back to the trial court. The appellate court affirmed, finding the arbitrator did not exceed her powers because her decision was consistent with the unambiguous language of the arbitration agreement.