S-12-0771, 27 Superior LLC et al. (appellants) v. Theodore M. Seldin et al.
Douglas County, Judge Thomas A. Otepka
Attorneys: James Sherrets (Sherrets Bruno & Vogt) (Appellants) / Sam King & Robert Lepp (McGill Gotsdiner, Workman & Lepp)
Civil: This is an arbitration dispute.
Proceedings below: The district court dismissed the appellants’ action. It concluded that it lacked subject matter jurisdiction
Issue: I. The district court erred in finding that there was a binding and enforceable arbitration agreement because the parties, customized arbitration failed. II. The district court erred in granting appellees' motion to dismiss and failing to disqualify the arbitrator because a court may intervene in arbitration proceedings under certain circumstances, which are present in this case. III. The district court erred in refusing to allow a jury trial and refusing to allow the appellants to conduct discovery. IV. The district court erred in finding that it lacked subject matter jurisdiction because questions of arbitrability and the validity of the parties, agreement to arbitrate are issues for judicial determination. V. Because the arbitrator was an integral and material part of the parties, customized arbitration, has resigned and is otherwise unfit to preside, the arbitration has failed and the parties are free to litigate their dispute. VI. The district court erred in failing to find that the arbitrator was bound by his resignation.