The defendant appealed the rejection of her motion to vacate the judgment. The defendant entered into a contract with the plaintiff for the remodeling of the outdoor terrace of her house, in which the parties agreed to arbitrate all disputes. The plaintiff filed suit for breach of contract or, alternatively, unjust enrichment and quantum meruit. After a trial, the trial court entered judgment in favor of the plaintiff on his breach of contract claim. The defendant unsuccessfully applied for the judgment to be set aside on the grounds that the trial court had no authority to enter judgment since the parties had agreed to arbitrate all disputes.
If the defendant implicitly waived its right to arbitration by participating in a proceeding before asserting its intent to arbitrate, it was not a mistake not to set aside the judgment.
Verdict is confirmed.
Como Premium Construction LLC v. Pulster (MLW No. 83841/Case No. WD87585 – 11 pages) (Missouri Court of Appeals, Western District, Ardini, Jr., J.) Appeal to the District Court, Boone County, Shaw, J. (William P. Nacy, Jefferson City for appellant) (Jackie L. Rodgers, Columbia for defendant)