Linsenmayer v. Omni Homes, Inc.
Case Details
- Judge(s)
- Hunter, Martin, Wynn
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The appellate court affirmed the trial court's confirmation of an arbitration award in favor of the plaintiffs for breach of contract, negligence, fraud, and unfair and deceptive trade practices, ordering defendants to pay $294,278.52 in damages plus $20,693.24 in attorneys' fees.
Excerpt
1. Arbitration and Mediation" mandatory arbitration" prayer for relief in answer — not a proper motion The trial court did not err by not ordering mandatory arbitration upon receiving an answer that listed arbitration as a prayer for relief, although a later motion to compel arbitration was granted. The prayer for relief made no claim that the parties were contractually bound to arbitrate and did not qualify as a motion as required by statute. 2. Arbitration and Mediation" arbitration requested in answer — not a proper motion — substantive rulings by court The trial court did not err by issuing substantive rulings after arbitration was requested in an answer because the court, had not received a proper motion requesting mandatory arbitration. The litigation continued in its ordinary course and defendants participated with counsel. 3. Arbitration and Mediation" notice — last known address Defendants were given proper notice of an arbitration hearing by the arbitrator where notice was sent to the last known address, a place of business, which is specifically allowed by statute. Actual receipt is not required by the statute. 4. Arbitration and Mediation" arbitration — damages only An arbitrator did not err by addressing only damages where the trial court, had conclusively determined liability before a proper motion to compel arbitration was filed, with damages being the only remaining issue. Defendants cannot participate in litigation and then expect an unfavorable decision to be automatically vacated upon an order compelling arbitration. 5. Arbitration and Mediation" punitive damages — unfair and deceptive trade practice — arbitration clause An arbitration clause in effect allowed punitive or exemplary relief (here, t
What This Ruling Means
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