Cinatl v. Prososki

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Cinatl v. Prososki

Additional Case Names

9:45 am

Case Number
Call Date
September 4, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0972 Robert H. Cinatl (Appellant) v. Karen R. Prososki as Personal Representative of the Estate of Robert R. Rososki, deceased, and Karen R. Rososki, individually, and as beneficiary of the Estate of Robert R. Prososki

Buffalo County District Court, Judge John H. Marsh

Attorneys: Michael J. Synek (Attorney for Appellant); Patrick J. Nelson (The Law Office of Patrick J. Nelson, for Appellees)

Civil: Contract law; Arbitration; Appellate jurisdiction

Proceedings below: The district court granted Appellant’s motion to compel arbitration on Appellant’s claim that Appellees had fraudulently induced him to enter into a purchase contract. Arbitrator found for Appellees and against Appellant. Appellant filed an application to vacate the award and requested a rehearing before new arbitrators on the grounds that the arbitrator had exceeded his powers. The district court denied the application and subsequently confirmed the arbitration award.

Issues on Appeal: Whether the district court erred in 1) confirming the arbitrator’s award; 2) failing to vacate the arbitrator’s award on the grounds that the arbitrator exceeded his authority; 3) failing to review the record from the arbitration hearing; and 4) failing to rule upon the admissibility of an exhibit at the hearing on Appellant’s application to vacate.

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