The Second Appellate District, on rehearing, denied a petition for writ of mandate. The court held that a trial court properly vacated a contractual arbitration award where the arbitrator’s exclusion of material evidence substantially prejudiced a party.
Roger and Cheryl Burlage purchased a house from Martha Spencer. After the sale, the Burlages concluded that Spencer had intentionally and fraudulently failed to disclose that a swimming pool and wrought iron fence on the property encroached on land owned by an adjacent country club.
