Citibank, N.A. v. Perry

Davis, Justice:

In this appeal, plaintiff/counterclaim defendant below, Citibank, N.A. (“Citibank”), petitioner herein, challenges an order entered by the Circuit Court of Boone County that denied Citibank’s motion to compel arbitration and stay the action. The circuit court based its denial upon the finding that Citibank had waived its right to arbitration by initiating its claim in circuit court nearly five years prior to seeking arbitration of the matter, and by taking certain actions to further the ease. Citibank herein claims it did not waive its right to arbitration pursuant to…