Johnson Land Co. v. CE FRAZIER CONST. CO.

925 So. 2d 80, 2006 WL 177599
CourtMississippi Supreme Court
DecidedJanuary 26, 2006
Docket2004-CA-00924-SCT
StatusPublished
Cited by2 cases

This text of 925 So. 2d 80 (Johnson Land Co. v. CE FRAZIER CONST. CO.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson Land Co. v. CE FRAZIER CONST. CO., 925 So. 2d 80, 2006 WL 177599 (Mich. 2006).

Opinion

925 So.2d 80 (2006)

JOHNSON LAND COMPANY
v.
C.E. FRAZIER CONSTRUCTION COMPANY, INC. and The American Insurance Company.

No. 2004-CA-00924-SCT.

Supreme Court of Mississippi.

January 26, 2006.
Rehearing Denied April 13, 2006.

*81 Glenn Sturdivant Swartzfager, Jackson, attorney for appellant.

Samuel C. Kelly, Cheri Turnage Gatlin, Kenneth G. Perry, Jackson, attorneys for appellees.

Before COBB, P.J., CARLSON and DICKINSON, JJ.

COBB, Presiding Justice, for the Court.

¶ 1. Johnson Land Company, a subcontractor, appeals a decision by the Hinds County Circuit Court confirming an arbitration award in favor of a general contractor, C.E. Frazier Construction Company, Inc.

FACTS AND PROCEDURAL HISTORY

¶ 2. This case arises out of a subcontract executed between C.E. Frazier Construction Company, Inc., (Frazier) and Johnson Land Company, (Johnson), in which Frazier was the prime contractor for the construction of a new elementary school for the Yazoo City Municipal School District, and Johnson was to perform certain dirt work as a subcontractor. Under the terms of the subcontract, the parties agreed to a binding arbitration provision that was silent regarding subsequent court review, but did state that all claims, disputes and other matters would be decided in accordance with the rules and procedures of the American Arbitration Association. After a dispute arose between Johnson and Frazier, Johnson filed a complaint against Frazier and its surety, American Insurance Company (American), in the Hinds County *82 Circuit Court. Subsequently Johnson and Frazier entered a separate arbitration agreement which stated the circuit court would retain jurisdiction "to enter judgment on the arbitrator's award."

¶ 3. The timing of events that occurred is important to Johnson's appeal, and the following time line is set forth to assist in analyzing the application of pertinent statutory provisions:

12/30/2000 Subcontract executed by Frazier and Johnson.
02/11/2002 Johnson filed complaint against Frazier and American, requesting payment for work performed from December 2000 through March 2001.
06/20/2002 Agreed Order for Stay Pending Arbitration was signed by counsel for both Johnson and Frazier and entered by the circuit court.
08/28/2002 Counsel for Johnson and Frazier, on behalf of their clients, executed separate arbitration agreement which set forth specific terms and conditions for arbitration. It also stated, inter alia, that all claims (except a bad faith claim against Frazier's insurer) would be submitted to binding arbitration pursuant to the rules of the American Arbitration Association.
11/26/2002 Arbitrator entered one page award finding for Frazier and against Johnson in the amount of $150,209.72.
12/11/2002 Frazier filed motion requesting that the circuit court confirm the award.
12/13/2002 Johnson filed response asserting that the motion to confirm was premature, as Johnson expected to file a motion for reconsideration with the arbitrator. within 20 days from the award.
01/03/2003 Arbitrator denied Johnson's request for reconsideration and affirmed the original award.
01/17/2003 Agreed Order Confirming Arbitration Award was "approved as to form" by counsel for Johnson, "agreed and approved" by counsel for Frazier, and this agreed order and a final judgment were entered by the circuit court.
01/30/2003 Newly retained counsel filed Motion to Set Aside Judgment in the circuit court.
02/12/2003 The circuit court entered new Order Confirming Arbitration Award and a new Final Judgment, in response to Frazier's second Motion for Order Confirming Arbitration Award.
04/01/2003 Johnson filed Notice of Appeal and Motion to Vacate in the circuit court.
10/29/2003 Circuit court entered Order Denying Plaintiff's Motion to Set Aside Judgment.
11/06/2003 Johnson filed Motion to Reconsider Orders Dated October 28, 2003, and to Complete Orders and Opinions on Pending Motions Presented by Oral Argument on October 13, 2003.
04/14/2004 Johnson's Motion to Reconsider was denied, along with the Motion to Vacate.
05/07/2004 Johnson appealed the circuit court's denial of its Motion to Set Aside Judgment, entered on October 29, 2003, as well as the Order Denying Plaintiff's Notice of Appeal and Motion to Vacate entered on April 14, 2004, and the denial of Plaintiff's Motion to Reconsider Orders entered on April 14, 2004.

¶ 4. On appeal, Johnson asserts that the judgment confirming the award was not *83 valid and that the circuit court erred by not entering a written opinion with findings of fact and conclusions of law. Johnson also asks this Court to vacate the decision of the arbitrator and remand to the circuit court.[1] Finding no error, we affirm the Hinds County Circuit Court's confirmation of the arbitrator's award.

ANALYSIS

I. WHETHER THE CIRCUIT COURT ERRED BY CONFIRMING THE ARBITRATION AWARD

¶ 5. This case is governed by the provisions of Miss.Code Ann. Sections 11-15-101 through -143 (Rev.2004), which address arbitration of controversies arising from construction contracts and related agreements. The standard of review for vacating, modifying, or correcting arbitration decisions is set out in Miss.Code Ann. Sections 11-15-133 and -135. These sections contain specific grounds, and the time frame during which they must be asserted, which represent the only way a court is allowed to overturn the award of an arbitrator. As this Court said in Craig v. Barber 524 So.2d 974, 978 (Miss.1988), "the only bases in our law for refusal to enforce an arbitration award are: (a) The award was procured by corruption, fraud or other undue means; (b) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of the parties." (quoting Miss.Code Ann. Section 11-15-133(1)) (emphasis in original). Miss Code Ann. Section 11-15-135(1) states in relevant part, the following additional grounds upon which an arbitration award shall be modified or corrected:

(a) There is an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred in the award;
(b) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the controversy; or
(c) The award is imperfect in a matter of form, not affecting the merits of the controversy.

¶ 6. If none of the grounds to challenge the award are asserted within their respective time limits, the court shall confirm the award in accordance with Miss.Code Ann. Section 11-15-125, which provides that:

[u]pon application by a party to the arbitration filed within ninety (90) days of the receipt of the later of a copy of the award issued pursuant to section 11-15-119, or a modified or corrected award as provided by section 11-15-123 the court shall confirm the award unless within the time limits hereinafter imposed grounds are urged for vacating, modifying, or correcting the award, in which the court shall proceed as provided in sections 11-15-133 and 11-15-135.

Miss.Code Ann.

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Cite This Page — Counsel Stack

Bluebook (online)
925 So. 2d 80, 2006 WL 177599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-land-co-v-ce-frazier-const-co-miss-2006.