Narrative Opinion Summary
In this case, the appellate court reviewed a trial court judgment that confirmed an arbitration award in favor of the defendant, a construction company, against the plaintiff, who alleged a breach of contract related to construction work. The arbitration clause in the contract was invoked following mutual allegations of breach. The plaintiff challenged the confirmation of the arbitration award on three grounds: violation of a contractual provision, acting outside of authority by not adhering to a termination provision, and manifest disregard for the law. However, the appellate court emphasized the appellant's duty to supply an adequate record for appellate review, noting that the trial court did not file a memorandum of decision or a signed transcript, and the plaintiff failed to pursue further articulation. The absence of detailed records precluded an evaluation of the claim concerning manifest disregard for the law, leading the appellate court to affirm the trial court's decision to confirm the arbitration award.
Legal Issues Addressed
Appellant's Responsibility to Provide Adequate Recordsubscribe to see similar legal issues
Application: The appellant failed to provide an adequate record for review, including a memorandum of decision or a signed transcript, which hindered the appellate court's ability to assess the claims.
Reasoning: The appellate court highlighted that it is the appellant's responsibility to provide an adequate record for review. In this instance, the trial court did not file a memorandum of decision or a signed transcript, and the plaintiff's motion for articulation was denied without a subsequent motion for review being filed.
Confirmation of Arbitration Awardssubscribe to see similar legal issues
Application: The appellate court affirmed the confirmation of an arbitration award in favor of the defendant due to the lack of sufficient record to contest the arbitrator's decisions.
Reasoning: The appellate court affirmed the trial court's judgment confirming an arbitration award in favor of the defendant, a construction company, in a dispute with the plaintiff, Sandra Dorfman.
Manifest Disregard for the Law in Arbitrationsubscribe to see similar legal issues
Application: The court could not evaluate the plaintiff's claim of manifest disregard for the law due to the lack of foundational details in the record about the arbitrator's actions.
Reasoning: The court noted that the record contained only the arbitrator's award and the court's order confirming it, lacking any foundational details regarding the arbitrator's actions. As such, there was insufficient information to evaluate the plaintiff's claim of manifest disregard for the law.