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MBNA AMERICA BANK, N.A. v. FOUCHÉ

No. 34054.

189 P.3d 463 (2008)

MBNA AMERICA BANK, N.A., Plaintiff-Respondent, v. Michelle FOUCHÉ, Defendant-Appellant.

Supreme Court of Idaho, Boise, June 2008 Term.

July 1, 2008.

Attorney(s) appearing for the Case

Belnap, Curtis & Williams, PLLC, Boise, for appellant. R. Wade Curtis argued.

Wilson & McColl, Boise, for respondent. Alec T. Pechota argued.

EISMANN, Chief Justice.

This is an appeal from a judgment based upon the confirmation of an arbitration award. Because the plaintiff failed to prove that the parties had agreed to arbitration, we reverse the order confirming the award. We vacate the judgment and remand for determination of the plaintiff's breach of contract claim.

I. FACTS AND PROCEDURAL HISTORY

Michelle Fouché obtained a credit card from MBNA America Bank, N.A., (MBNA) on February...

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