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First Option Mortg. LLC v. S & S Fin. Mortg. Corp.

Georgia law provides that interim arbitration awards may be confirmed, even those for payment prior to application of a set-off defense.

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First Option Mortgage, LLC “First Option”, filed an application to vacate an interim arbitration award entered in favor of S & S Financial Mortgage Corporation “S & S” in the Superior Court of Gwinnett County. S & S thereafter filed its cross-petition and motion for confirmation of the award. The trial court confirmed the interim arbitration award and entered judgment. First Option appeals, contending that the interim award was not subject to confirmation because a it was not a final determination severable from the merits of S & S’s breach of contract claim and its defenses, and b it was entered “manifestly and consciously in disregard of Georgia law with regard to burdens of proof and set-off.” We disagree and affirm.

“In reviewing a trial court’s order confirming an arbitration award, this Court will affirm unless the trial court’s ruling was clearly erroneous.” Citation and punctuation omitted. Yates v. CACV of Colorado, 303 Ga. App. 425 693 SE2d 629 2010.

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