Asset Acceptance, LLC, Appellant v. Amy Murphy Newby, Appellee

Summary

The court affirmed the denial of Asset Acceptance’s motion to compel arbitration because Asset failed to provide specific evidence that Newby was subject to the cardholder agreement or assented to its arbitration provision. The court held that the circuit court’s blanket written denial resolved the issues raised by the parties and therefore permitted appellate review of contract formation, but the lack of proof of mutual assent was dispositive. The court dismissed Newby’s cross-appeal because the interlocutory-appeal jurisdiction authorized review of the arbitration ruling, not the denial of Rule 11 sanctions. Justice Paul E. Danielson, dissenting, would have reversed and remanded because the circuit court’s oral ruling failed to resolve contract formation before addressing waiver.