Anderson v. Banks

CourtSuperior Court of Maine
DecidedFebruary 22, 2011
DocketHANcv-10-19
StatusUnpublished

This text of Anderson v. Banks (Anderson v. Banks) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Banks, (Me. Super. Ct. 2011).

Opinion

STATE OF MAINE SUPERIOR COURT HANCOCK, ss DOCKET NO. CV-10-19 l" fi _, :\,'( . ,1-"-.",/1 ~'"'; e,lv .'. ,:",.) , / c ':.

CARRIE ANDERSON, DEBORAH COLLINS LIELA B. JOHNSON AND REBECCA YORK

Plaintiffs, RECE6VED & FilED v. FED 22 2D11 HANCOCr.. i~OUNn' CONSTANCE BANKS, WILLIAM BANKS, JR., COURTS~ . " AND MARY L. BANKS

Defendants.

Decision and Order

This matter was before the Court on February 11, 2011, for oral argument on pending motions. Plaintiff filed a Motion to vacate an Arbitration Award dated May 21, 2010. Plaintiff then filed a Motion for Judgment qn the Pleadings under date of November 5, 2010. Under date of December 10, defendants filed a Motion to Dismiss. Subsequently, under date of January 4, 2011, plaintiff filed a Motion to exempt this matter from Rule 16B, M.R.Civ.p. (ADR). The Court has reviewed the written submissions by the parties, including attachments and exhibits together with the oral arguments of counsel.

At the conclusion of the hearing, the Court Ordered that the ADR requirements and related time lines are stayed until the remaining motions referred to above, are resolved.

Factual Context

The Court understands that the underlying dispute involves the plaintiffs, who are sisters, defendants Constance and Willam Banks who are siblings, and the mother of all of the litigants, Mary Banks. Disputes arose between and among the children involving access to their mother and her property, both real and personal, and the general and financial care of Mary Banks. This led to the filing of a Petition in Hancock County Probate Court seeking the appointment of a conservator of Mary Banks.

1 While this Petition was pending, the parties to this litigation participated in a mediation. This mediation led to the parties, or their representatives, signing a Settlement Agreement. The Settlement Agreement contains nineteen paragraphs and is one of the exhibits before this Court. It provides in paragraph 18 of that Agreement for

Arbitration. The parties agree that any dispute regarding the interpretation, enforcement, implementation or execution of this agreement or the documents necessary to effectuate it will be decided by binding arbitration by Jerrol Crouter. He shall award attorney fees and costs for any such arbitration against the unsuccessful party.

Arbitration was ultimately conducted by Mr. Crouter and he issued a written decision dated AprilS, 2010, which is before this Court. 1

At its most basic, this matter is not complicated. The parties had a dispute and they mediated that dispute, which led to a Settlement Agreement. That Agreement provided for resolution of related disputes to be resolved by Arbitration and that also happened ..

Litigation in Superior Court

Plaintiffs have filed a declaratory judgment action (14 M.R.S. § 5953; Pl's Compl. ~ 21) by which they seek, in Count 1, a declaration that the Settlement Agreement is invalid because it violates the Statute of Frauds (33 M.R.S. § 51). By Count 2, plaintiffs seek a declaration that the Settlement Agreement is illusory and not supported by adequate consideration and therefore invalid. By Count 3, they seek a declaration that the Settlement Agreement does not reflect a meeting of the minds and the Settlement Agreement is therefore invalid. In Count 4, plaintiffs seek a declaration that the Hancock County Probate Court lacked jurisdiction to enter its Orders in the conservatorship matter of Mary Banks (Docket 05-264), dated January 12, 2010, and February 19, 2010, both of which are before this Court. (See Pl.'s Compl. Exs. E & F.)

Attached to Plaintiffs' complaint was a Motion to Vacate the award of the Arbitrator, which incorporates

Mr. Crouter also issued a Supplemental Decision dated April 19, 2010, dealing with attorney's fees and costs, which is also before this Court.

2 parts of the complaint by reference. The Motion to Vacate is filed pursuant to the Uniform Arbitration Act (14 M.R.S. §§ 5927 et seq.).

The Arbitration

Plaintiffs' argue that they were compelled to arbitrate by Order of the Probate Court and should not be bound by the Arbitration Award, which the Plaintiffs here allege was and is a nullity. I do not agree with that conclusion.

Judge Patterson's Order of January 12, 2010, dealt with a number of matters concerning the Settlement Agreement, only one of which was to direct the parties to arbitrate before Jerrol Crouter (Exhibit E to Plaintiff's complaint at pg. 6), the arbitrator before whom the parties had agreed to arbitrate in their Settlement Agreement. It is true that the Uniform Arbitration Act at 14 M.R.S. 5943, makes it clear that the llcourt" referred to in that statute is the Superior Court and not the Probate Court. While Plaintiffs point to their multiple filings and objections to proceeding with arbitration, (see PI.'s Compl. ~~ 13, 14, & 15), in suggesting they we~e compelled to participate in the arbitration as a result of the Probate Court Order, there is no evidence that plaintiffs sought relief or stay of the arbitration proceedings that is and was available under 14 M.R.S. § 5928. The evidence persuades the Court that by executing their Settlement Agreement, Plaintiffs had already voluntarily agreed to arbitrate before Mr. Crouter.

A review of submissions by the parties satisfies this Court that the parties had an agreement to submit issues to arbitration and that all parties, absent seeking relief under 14 M.R.S. § 5928, voluntarily participated in the arbitration. The issues of the validity of the Settlement Agreement as to all parties has been litigated and decided by the Probate Court and those related issues will not be relitigated before this Court based on res judicata and the Probate Court's decision of January 12, 2010.

Arbitration Process

From this Court's perspective, the Uniform Arbitration Act (UAA) vests jurisdiction 'only' in the Superior Court with regard to an arbitration agreement, 14 M.R.S. § 5927, and the mechanics of following through with that agreement.

3 In a case such as this, the UAA does not transfer to the Superior Court authority to decide issues that are properly before the Probate Court. While the validity of the Settlement Agreement is before the Probate Court, the implementation of the arbitration of that agreement is before the Superior Court. Any Orders of the Probate Court implementing an arbitration agreement under 14 M.R.S. 2927 et seq. are a nullity. At its most basic operation, the UAA defines a process to implement a contract. 2

The Superior Court does not act as an appellate court with respect to an arbitration award. The authority of the Superior Court under the UAA is very limited upon the issuance of an arbitration award:

"As we have said the standard for determining whether an arbitrator exceeded his authority is "an extremely narrow one." Livingstone,2000 ME 18, at P 11, 746 A.2d at 905 (citing AFSCME, Council 93 v. City of Portland, 675 A.2d 100, 102 (Me. 1996) and Maine Cont. R. Co. v. Bangor & Aroostook R. Co., 395 A.2d 1107, 1122 (Me. 1978)). When an arbitrator stays within the scope of its authority, the award will not be vacated even when th~re is an error of law or fact. See, e.g., Bennett v. Prawer, 2001 ME 172, ~ 8, 786 A.2d 605, 608; Union River Valley Teachers Assoc. v. Lamoine Sch. Comm.,2000 ME 57, ~ 5, 748 A.2d 990, 991­ 92;; Cape Elizabeth Sch. Bd. v.

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Bluebook (online)
Anderson v. Banks, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-banks-mesuperct-2011.