Roy Renegar v. Richard Borman
ED113102
| Mo. Ct. App. | Apr 8, 2025Background
- Renegar and R&R Propane appealed the circuit court's denial of their motion to compel arbitration against Borman and his entities, related to disputes over R&R Propane's business activities and assets.
- The parties, after extensive litigation and discovery disputes, entered a consent order possibly providing for arbitration, subject to certain conditions regarding discovery and material facts.
- At a September 2023 hearing, concerns were raised about whether arbitration would be mandatory if significant discovery affected material facts, with the order reflecting arbitration could be bypassed if discovery revealed substantive issues.
- After deadlines in the consent order were missed, Renegar moved in April 2024 to compel arbitration, but Borman resisted, citing conditions within the consent order and procedural concerns.
- The circuit court, after reviewing the record and arguments, overruled Renegar’s motion to compel arbitration.
- On appeal, Renegar’s brief was found noncompliant with Missouri Rule 84.04, lacking proper points relied on, legal authority, record citations, and a compliant appendix, leading to dismissal of his appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforcing Arbitration Agreement | Circuit court ignored Missouri public policy favoring arbitration | Discovery unresolved; agreement to arbitrate was conditional | Appeal dismissed for briefing deficiencies |
| Scope/Interpretation of Consent Order | Court failed to interpret order as a whole | Arbitration conditional on discovery affecting material facts | Appeal dismissed for briefing deficiencies |
| Existence of Arbitration Agreement | Borman admitted arbitration agreement existed | Renegar failed to show agreement as per statute | Appeal dismissed for briefing deficiencies |
| Meaningfulness of Consent Order Provisions | Court's interpretation rendered order meaningless | Provisions allowed avoidance of arbitration under some outcomes | Appeal dismissed for briefing deficiencies |
| Evidentiary Hearing Requirement | Court erred by not holding an evidentiary hearing | Circuit court did examine record and held arguments | Appeal dismissed for briefing deficiencies |
Key Cases Cited
- Lexow v. Boeing Co., 643 S.W.3d 501 (Mo. banc 2022) (mandatory nature of appellate briefing requirements)
- Parkside Fin. Bank & Tr. v. Allen, 688 S.W.3d 83 (Mo. App. E.D. 2024) (compliance with appellate briefing rules)
- Jones v. Impact Agape Ministries, 693 S.W.3d 122 (Mo. App. E.D. 2023) (briefing deficiencies and appellate review)
- Washington v. Blackburn, 286 S.W.3d 818 (Mo. App. E.D. 2009) (grounds for dismissal due to deficient statement of facts)
