Humar Properties LLLP v. Prior Tire Enters. Inc.

In the absence of the transcript, the appellants failed to establish that the arbitrators exhibited a manifest disregard of the law.

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Humar Properties, LLLP and Hubert Day appeal from the trial court’s denial of their motion to vacate the arbitration award to Prior Tire Enterprises, Inc. Prior Tire entered in this proceeding under the Georgia Arbitration Code. OCGA § 9-9-1 et seq. In deciding whether to confirm or vacate an arbitration award, a trial court’s role is severely curtailed so as not to frustrate the purpose of avoiding litigation. Cotton States Mut. Ins. Co. v. Nunnally Lumber Co. , 176 Ga. App. 232, 236 4 335 SE2d 708 1985. See Goodrich v. Southland Homes Corp. , 214 Ga. App. 790 1 449 SE2d 154 1994. Unless one of the statutory grounds for vacating an award as set forth in OCGA § 9-9-13 b is found to exist, a trial court in reviewing an award is bound to confirm it. Greene v. Hundley , 266 Ga. 592, 596 3 468 SE2d 350 1996. Gilbert v. Montlick , 232 Ga. App. 91, 93 499 SE2d 731 1998. Moreover, we will not evaluate the sufficiency of the evidence in arbitration cases and we will not disturb a trial court’s confirmation of an arbitration award unless the existence of any of the statutory grounds is shown. Greene , supra at 596-597. The only enumeration of error here is that the trial court erred in not vacating the arbitrators’ award because they exhibited a manifest disregard of the law. OCGA § 9-9-13 b 5. That section applies to “all civil actions filed on or after July 1, 2003.” Ga. L. 2003, p. 828, § 9.

Both parties agree that this arbitration resulted from Prior Tire’s attempt to sell its assets to Humar Properties, LLLP and Hubert Day, its principal. An Asset Purchase Agreement was prepared and signed by Day for Humar Properties, LLLP and by Robert Goldstein for Prior Tire in April 1999. Although not reflected in the record here, both parties agree that litigation was initiated by Prior Tire’s filing suit in the State Court of Fulton County against Humar Properties, LLLP and Day in March 2000. That suit was then transferred to the State Court of Rockdale County on July 19, 2000, and assigned Civil Action File No. 00-SV-1286.

Humar Properties LLLP v. Prior Tire Enters. Inc.

In the absence of the transcript, the appellants failed to establish that the arbitrators exhibited a manifest disregard of the law.

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