Between Rounds Franchise Corp. v. EDGR Real Estate, LLC

Connecticut Appellate Court

Between Rounds Franchise Corp. v. EDGR Real Estate, LLC

40 A.3d 342, 134 Conn. App. 857, 2012 WL 1193978, 2012 Conn. App. LEXIS 182

CourtConnecticut Appellate Court

DecidedApril 17, 2012

DocketAC 33461

StatusPublished

Cited by1 cases

This text of 40 A.3d 342 (Between Rounds Franchise Corp. v. EDGR Real Estate, LLC) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Between Rounds Franchise Corp. v. EDGR Real Estate, LLC, 40 A.3d 342, 134 Conn. App. 857, 2012 WL 1193978, 2012 Conn. App. LEXIS 182 (Colo. Ct. App. 2012).

Pincite

Opinion

Opinion

PER CURIAM.

The defendant, EDGR Real Estate, LLC, appeals from the judgment of the trial court denying its motion to vacate an arbitration award and granting the application of the plaintiffs, Between Rounds *858 Franchise Corporation and Between Rounds Rocky Hill, LLC, to confirm that award. On appeal, the defendant claims that the court improperly denied its motion to vacate and granted the plaintiffs’ application to confirm because the arbitration panel (panel) was guilty of misconduct under General Statutes § 52-418 (a) (3), the defendant was denied a full and fair hearing, and the defendant was substantially prejudiced by the denial of its request to postpone the hearing before the panel. We affirm the judgment of the court.

The plaintiffs and the defendant became involved in a landlord-tenant dispute. The plaintiffs applied to the court to compel arbitration pursuant to a clause in the parties’ lease. On January 25, 2010, the court issued an order compelling arbitration, and the matter was scheduled to be heard before the panel on November 9, 2010. The defendant’s counsel withdrew his appearance onNovember 1,2010, with permission of the court. The defendant requested postponement of the hearing until it could obtain new counsel and the required funds to pay its share of the cost of the panel. Thus, the panel postponed the hearing until December 1, 2010. One day before the rescheduled hearing, the defendant requested another postponement of the proceedings. The plaintiffs objected, and the panel agreed to hear arguments regarding the postponement the following day. The defendant failed to appear before the panel. The hearing therefore proceeded as rescheduled and, on December 16, 2010, the panel issued its decision in favor of the plaintiffs.

After examining the record and the briefs, we are persuaded that the judgment should be affirmed. The issues raised by the defendant were resolved properly in the thoughtful and concise decision of the court. Between Rounds Franchise Corp. v. EDGR Real Estate, LLC, 52 Conn. Sup. 295, 40 A.3d 833 (2011). Because that decision also fully addresses the arguments raised *859 in the present appeal, we adopt the court’s well reasoned decision as a statement of the facts and the applicable law on those issues. It would serve no useful purpose for us to repeat that discussion here. See Tzovolos v. Wiseman, 300 Conn. 247, 253-54, 12 A.3d 563 (2011).

The judgment is affirmed.

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Opinion

PER CURIAM.

The defendant, EDGR Real Estate, LLC, appeals from the judgment of the trial court denying its motion to vacate an arbitration award and granting the application of the plaintiffs, Between Rounds *858 Franchise Corporation and Between Rounds Rocky Hill, LLC, to confirm that award. On appeal, the defendant claims that the court improperly denied its motion to vacate and granted the plaintiffs’ application to confirm because the arbitration panel (panel) was guilty of misconduct under General Statutes § 52-418 (a) (3), the defendant was denied a full and fair hearing, and the defendant was substantially prejudiced by the denial of its request to postpone the hearing before the panel. We affirm the judgment of the court.

The plaintiffs and the defendant became involved in a landlord-tenant dispute. The plaintiffs applied to the court to compel arbitration pursuant to a clause in the parties’ lease. On January 25, 2010, the court issued an order compelling arbitration, and the matter was scheduled to be heard before the panel on November 9, 2010. The defendant’s counsel withdrew his appearance onNovember 1,2010, with permission of the court. The defendant requested postponement of the hearing until it could obtain new counsel and the required funds to pay its share of the cost of the panel. Thus, the panel postponed the hearing until December 1, 2010. One day before the rescheduled hearing, the defendant requested another postponement of the proceedings. The plaintiffs objected, and the panel agreed to hear arguments regarding the postponement the following day. The defendant failed to appear before the panel. The hearing therefore proceeded as rescheduled and, on December 16, 2010, the panel issued its decision in favor of the plaintiffs.

After examining the record and the briefs, we are persuaded that the judgment should be affirmed. The issues raised by the defendant were resolved properly in the thoughtful and concise decision of the court. Between Rounds Franchise Corp. v. EDGR Real Estate, LLC, 52 Conn. Sup. 295, 40 A.3d 833 (2011). Because that decision also fully addresses the arguments raised *859 in the present appeal, we adopt the court’s well reasoned decision as a statement of the facts and the applicable law on those issues. It would serve no useful purpose for us to repeat that discussion here. See Tzovolos v. Wiseman, 300 Conn. 247, 253-54, 12 A.3d 563 (2011).

The judgment is affirmed.

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40 A.3d 342, 134 Conn. App. 857, 2012 WL 1193978, 2012 Conn. App. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/between-rounds-franchise-corp-v-edgr-real-estate-llc-connappct-2012.

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