Supreme Court of Arkansas

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

June 19, 20142014 Ark. LEXIS 369

Summary

The court affirmed the denial of Asset Acceptance’s motion to compel arbitration because Asset failed to present specific evidence that Newby received or assented to the arbitration agreement. The court held that the written order sufficiently resolved the issues raised below and that the record permitted appellate review despite the circuit court’s lack of express findings. The court dismissed Newby’s cross-appeal because the interlocutory-appeal jurisdiction did not extend to the denial of Rule 11 sanctions. Justice Danielson, dissenting, would have reversed and remanded because the circuit court’s oral ruling showed that it had not first decided whether an arbitration agreement existed.