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Alessi v. Cornerstone Assocs. Inc.

An order confirming an arbitration award is not, itself, a "judgment"; the appellants' appeal was thus dismissed as premature.

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On May 12, 2014, the Superior Court of Spalding County granted the application for confirmation of an arbitration award filed by Cornerstone Associates, Inc. In the same order, the trial court granted Cornerstone’s motion for attorney fees under Georgia’s “offer of settlement” statute, OCGA § 9-11-68, against Gary and Melissa Alessi, the parties who initiated the underlying arbitration proceedings by making a demand for arbitration of their dispute with Cornerstone. On June 2, 2014, the Alessis filed a notice of direct appeal from the May 12, 2014 order. The trial court, however, has not yet entered an appealable final judgment in this matter. “With regard to judicial actions confirming arbitration awards,” the Georgia Arbitration Code requires that “the judgment and the order confirming the award must be on separate documents.” Emphasis supplied. Barge v. St. Paul Fire & Marine Ins. Co., 245 Ga. App. 112, 117 2 535 SE2d 837 2000. See OCGA § 9-9-15 a “Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by the Civil Practice Act and be enforced as any other judgment or decree.”; b “The judgment roll shall consist” of the arbitration agreement, the arbitrators’ award, a copy of the court order confirming, modifying, or correcting the award, and a copy of the judgment.. Thus, an order confirming an arbitration award is not, itself, a “judgment.” Barge v. St. Paul Fire & Marine Ins. Co., 245 Ga. App. at 117 2.

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