Missouri Court of Appeals, Eastern District / Jun 15, 2021
EM Medical, LLC, Respondent, vs. Stimwave LLC, Appellant, and Andrea Berry, et al., Defendants.
EM Medical, LLC, sued Stimwave LLC, and Stimwave moved to compel arbitration based on a proposed written agreement. The trial court denied Stimwave's motion, finding no valid arbitration agreement existed. The Eastern District of the Missouri Court of Appeals affirmed, concluding that the trial court's factual finding of no mutual agreement was supported by substantial evidence, as the proposed agreement was never fully executed or delivered by both parties.