Legal Opinion

Lunsford v. Deatherage

Missouri Court of Appeals

Decided May 10, 2017No. SD 34525PublishedCited by 2 opinions

1Opinion of the CourtDon E. Burrell, J.

Appellants, Joshua Deatherage Builders, LLC (“Contractor”) and Joshua Deatherage, challenge an order1 denying *893their motion to stay the November 2015 lawsuit filed by Norine Lunsford (“Homeowner”) and compel the parties to resolve the dispute via arbitration. See section 435.440.1(1). Count 1 of Homeowner’s petition alleges that Contractor breached the parties’ “CONSTRUCTION CONTRACT” (“the contract”) to build an addition to Homeowner’s house in Mountain Grove. Count 2 claims that Appellants’ negligent performance of construction services caused “severe financial damages to [Homeowner].”

Appella…

2Cases cited18 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Dunn Industrial Group, Inc. v. City of Sugar CreekSupreme Court of Missouri · 2003
  3. State Ex Rel. Vincent v. SchneiderSupreme Court of Missouri · 2006
  4. Nitro Distributing, Inc. v. DunnSupreme Court of Missouri · 2006
  5. State ex rel. Todd Hewitt, Relator v. Honorable Kristine Kerr, Judge, Circuit Court for St. Louis County, MissouriSupreme Court of Missouri · 2015

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3Cited by2 opinions

  1. Amanda Mackey and Greg Mackey v. Schooler's Construction, L.L.C.Missouri Court of Appeals · 2022
  2. T&M Inventions LLC v. BlueScope Buildings North America, Inc.District Court, W.D. Wisconsin · 2020

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