Trial de Novo

[Rainbowbrite]

What is the name of your state (only U.S. law)? MO

My children were members on a competition dance team. In April, I decided that they were leaving the team and informed the teachers of my decision to leave the team after our last regional competition in May, that I had already paid for. As a retaliation the teachers/owners refused to allow my children to compete at the competition in May and also refused to refund my money. The said it was mandatory that all team members must attend the National competition in Florida in July and if we were not going to attend then we would be dismissed from the team with no refund. One week after they made the decision to cut my kids from the team, they decided the team would not attend Nationals due to the oil spill in Florida (the oil spill has nothing to do with an indoor dance competition).

They do have a "competition team packet" which states that if you leave the team for any reason you will forfiet all monies paid...but I never signed the packet agreeing to these terms.

I filed a small claims case against them for the amount of the competition fees and lost my case. I am really confused at how I could have lost when I never signed the team packet aggreement. I have receipts showing that I had paid them for the competition fees and also an email from them stating it was their decision that we not dance at the competition in May. They did bring with them emails from other parents of the team that stated they knew I was aware of the policy. Should I try to file a Trial de Novo or would I be just wasting my time? Any advice is appreciated!

 

[FlyingRon]

I don't see how you have a case. You can refile in normal civil court but that is going to be HARDER not easier. It will also be nearly impossible to do without an attorney. You're looking at expending more than you stand to collect in even an optimistic outcome.

 

[Rainbowbrite]

Thats what I figured. So...I guess in Missouri it doesnt really matter if you actually sign and agreement. Basically, businesses can do whatever they want?? Seems really screwed up to me but oh well! Thanks for the response.

 

[Zigner]

Thats what I figured. So...I guess in Missouri it doesnt really matter if you actually sign and agreement. Basically, businesses can do whatever they want?? Seems really screwed up to me but oh well! Thanks for the response.

You knew and accepted the terms. The contract was implied.

 

[Rainbowbrite]

The only reason why I feel I should be refunded is because we wanted to go to the competition. The studio wouldnt allow us to since they knew we were not coming back. They only did that because they were mad at me. I was trying to do the right thing by giving them plenty of notice.

 

[Rainbowbrite]

You knew and accepted the terms. The contract was implied.

I also feel like this is a 2 way street....they should have made sure I signed their agreement and made sure I was completely aware of the policy, which they didnt. I never thought that my kids would not have been allowed to dance at a competition that I had already paid for...otherwise I would have kept it to myself until after the competition was over. At any rate...I feel it is very poor customer service and was a very unethical decision on their part. But thats okay...what goes around comes around and one day they will learn to appreciate their customers.

 

[latigo]

. . . You can refile in normal civil court but that is going to be HARDER . . . .

Not “HARDER”. Impossible!

What your response suggests is that the OP can switch lanes and maneuver laterally between separate forums, and begin her lawsuit afresh until she finds a court that will agree with her.

But suppose it was so? Then any suggestions as where it might end or does she keep arguing the same issues until she runs out of courtrooms?

Fortunately, particularly for the taxpayers, that is not so. Not unless Missouri has abolished the ancient principal of res judicata and strangely permits one court to collaterally assault a judgment handed down by another.