Jaycox v. Ekeson

857 P.2d 35, 115 N.M. 635
CourtNew Mexico Supreme Court
DecidedJuly 8, 1993
Docket20754
StatusPublished
Cited by4 cases

This text of 857 P.2d 35 (Jaycox v. Ekeson) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jaycox v. Ekeson, 857 P.2d 35, 115 N.M. 635 (N.M. 1993).

Opinion

OPINION

BACA, Justice.

Plaintiff-appellant Thomas Jaycox appeals from the trial court’s denial of his application to vacate an arbitration award in favor of defendant-appellee Bertrelle Ekeson. Jaycox raises five issues that he contends mandate a reversal of the trial court: (1) Whether an oral agreement to share expenses during unlawful cohabitation is unenforceable as a violation of public policy; (2) whether the trial court erred in affirming the arbitration award because the agreement lacked mutual assent; (3) whether the results of the arbitration proceedings are void for lack of proper notice and a refusal to postpone upon a showing of sufficient cause; (4) whether the failure to postpone the arbitration proceedings violates the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C. app. §§ 501-591 (1988); and (5) whether the trial court erred when it failed to adopt findings of fact and conclusions of law. We review the trial court’s decision pursuant to SCRA 1986, 12-102(A)(1) (Repl.Pamp.1992), and reverse.

I

In March of 1989, Jaycox and Ekeson met and shortly thereafter decided to live together in Ekeson’s residence. Their cohabitation continued through October of 1990. Following the dissolution of the relationship, Jaycox filed a complaint against Ekeson alleging malicious prosecution and requesting an allocation of debts and assets, creation of a constructive trust, and injunctive relief. Ekeson answered and counterclaimed alleging breach of contract and later amended her answer to add an allegation of fraud. In April of 1991, the parties agreed to drop all tort allegations and have the matter presented to binding arbitration.

On September 30, 1991, the first arbitration hearing was held. Jaycox was not present at this hearing, but with the consent of counsel for both parties, testimony of two witnesses was introduced. At a second hearing on January 31, 1992, both Jaycox and Ekeson testified under oath. At the close of this hearing, the arbitrator suggested a possible settlement and set a date by which the settlement was to be concluded. If the settlement was not concluded by that date, the arbitrator indicated that a third hearing of a half day would be held. On February 6,1992, the arbitrator’s secretary attempted to notify counsel for each party that the third hearing had been scheduled for February 11. She was unable to reach Jaycox’s counsel by telephone until the morning of February 7. Jaycox’s counsel received written notice of the third hearing on February 10.

Jaycox’s counsel appeared at the February 11 hearing and made an oral motion for a continuance, asserting that Jaycox had not received timely notice and that Jaycox was unable to be present because he was out of state on a military assignment. The arbitrator denied the motion, and the third hearing was held. On February 27, the arbitrator issued findings of fact and conclusions of law, the substance of which was that the parties had cohabitated, that they had an agreement to share expenses, and that Ekeson should be awarded certain pre- and post-separation expenses.

On May 18, 1992, Jaycox filed an application to vacate the arbitration award pursuant to the New Mexico version of the Uniform Arbitration Act, NMSA 1978, Sections •44-7-1 to -22 (the “Arbitration Act”). At the conclusion of an evidentiary hearing, the district court denied Jaycox’s application and entered a judgment confirming the arbitrator’s award, without issuing findings of fact and conclusions of law. From this judgment, Jaycox appeals.

II

The only issue that we address is whether the arbitration award should be vacated because of a lack of proper notice to Jaycox and because the arbitrator refused to postpone the third hearing upon a showing of sufficient cause. Citing Section 44-7-5(A), Jaycox first argues that he did not receive sufficient notice of the third hearing. Citing Section 44-7-12(A)(4), Jaycox also argues that the arbitrator failed to postpone the third hearing upon sufficient cause being shown and that as a result he suffered prejudice. Jaycox concludes that the trial court erred when it failed to vacate the arbitration award. Ekeson replies that Jaycox has not established that the lack of proper notice or the failure of the arbitrator to postpone the hearing in any way prejudiced Jaycox's ability to present his case.

Where freely chosen by the parties, arbitration is a favored method of resolving disputes because it is a relatively inexpensive and speedy process. State ex rel. Hooten Constr. Co. v. Borsberry Constr. Co., 108 N.M. 192, 193, 769 P.2d 726, 727 (1989). Once an arbitration award is entered, it should be accorded great deference by the district court on review. Id. “It is not the function of the court to hear the case de novo and consider the evidence presented to the arbitrators, but rather to conduct an evidentiary hearing and enter findings of fact and conclusions of law upon each issue raised in the application to vacate or modify the award.” Melton v. Lyon, 108 N.M. 420, 421, 773 P.2d 732, 733 (1989). While judicial review of arbitration awards is limited to the grounds established in the Arbitration Act, United Technology & Resources, Inc. v. Dar Al Islam, 115 N.M. 1, 3, 846 P.2d 307, 309 (1993), the court may review arbitration proceedings to ensure that they comport with the Act’s procedural requirements. See Sections 44-7-5 & -12(A)(4); see also PPX Enters., Inc. v. Musicali, 53 A.D.2d 555, 384 N.Y.S.2d 801, 803 (1976) (vacating arbitration award for failure to follow statutory procedure), aff'd, 42 N.Y.2d 897, 397 N.Y.S.2d 987, 366 N.E.2d 1341 (1977).

The procedural safeguards of the Arbitration Act are found in Section 44-7-5, and the standards for review by the district court are found in Sections 44-7-12 and -13. Section 44-7-5(A) provides in pertinent part that “the arbitrator shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail or certified mail, return receipt requested, not less than five days before the hearing.” 1 Section 44-7-5(B) entitles “the parties ... to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing____” Section 44-7-12(A)(4) provides that the district court “shall vacate an award where ... the arbitrator[] refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of Section 5 [44-7-5 NMSA 1978], as to prejudice substantially the rights of a party____” The grammatical structure of this provision suggests that the “prejudice” clause only modifies the “otherwise so conducted” clause, and not the other two grounds for vacating the award.

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Bluebook (online)
857 P.2d 35, 115 N.M. 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaycox-v-ekeson-nm-1993.