Table of Content Mislabeling

I am attempting to get ONLY the fold to show in the Table of Contents on iBooks and Kindle. It however insists on including the first scene after the fact. I ONLY want the folder, not the scenes it contains. Is this even possible? Am I missing a secret button? I’ve had it work on other books (which have identical file structure.) Help!
Thank you!

Do you have a section break between The Merits of the Case and Part One?

Electronic books regard section breaks as navigation markers (used to generate automatic tables of contents), so this might be the issue you’re facing.

Slàinte mhòr.