Ensey v. Mini Mart, Inc.

¶1 Ezzie Ensey (Ezzie) appeals the District Court’s order granting defendants Mini Mart, Inc. and John Does I-III’s (Mini Mart) motion to dismiss her amended complaint and finding § 39-2-915, MCA, constitutional. We affirm the court’s decision to grant Mini Mart’s motion to dismiss, but we set aside the court’s determination of the constitutionality of § 39-2-915, MCA. Because we find that the court lost its authority to consider Ezzie’s amended complaint once she agreed to arbitration, the court also lost its authority to consider her constitutional challenge.

ISSUES

¶2 We restate the issues…