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Summary 2008 WY 26

By Meg

Summary of Decision issued March 6, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Vogt v. MBNA America Bank

Citation: 2008 WY 26

Docket Number: S-07-0188

Appeal from the District Court of Laramie County, the Honorable Nicholas G. Kalokathis, Judge

Representing Appellant (Defendant): Pro se.

Representing Appellee (Plaintiff): Rocklon L. Edmonds, Cheyenne, Wyoming.

Facts/Discussion: Vogt appeals from the district court?s order confirming an arbitration award and granting a judgment to MBNA.

Jurisdiction: The record on appeal contained no evidence relevant to the jurisdiction issue. The Court accepted the district court?s factual finding that MBNA was a ?National Bank.? Vogt offered no pertinent legal authority or cogent argument to contest the legal conclusion that because MBNA was a ?National Bank? it had jurisdiction to confirm the arbitration award.
Consent/Agreement to Arbitrate Dispute: The appellant has the responsibility to designate a sufficient record and Vogt did not, therefore the Court rejected this argument because there was no information for the Court to review his claim of error.
Objections to MBNA?s Motion to Confirm Arbitration Award: A party may raise objections to an arbitration award by filing a timely petition to vacate, modify or correct the award or a timely answer to a petition to confirm the award. The application must be made within 90 days of the date of delivery of a copy of the award to the applicant or if the application to vacate the award is predicated upon corruption, fraud or undue means it shall be made within 90 days after the grounds are known or should have been known. Absent a timely objection, the district court was required to confirm the arbitration award.

Holding: The record on appeal contained only one filing by Vogt in response to MBNA?s motion to confirm the arbitration award. There was nothing to indicate that he filed a motion to vacate, modify or correct the arbitration award or otherwise object to the award. Thus the district court did not have any basis on which to question the arbitration award and properly confirmed it in accordance with § 1-36-113.

Affirmed.

J. Kite delivered the decision.

Link: http://tinyurl.com/33ojhl .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on March 06, 2008 (boomark / email).