Lanier Worldwide, Inc. v. Bridgecenters at Park Meadows, LLC

633 S.E.2d 49, 279 Ga. App. 879, 2006 Fulton County D. Rep. 1973, 2006 Ga. App. LEXIS 711
CourtCourt of Appeals of Georgia
DecidedJune 16, 2006
DocketA06A0658
StatusPublished
Cited by5 cases

This text of 633 S.E.2d 49 (Lanier Worldwide, Inc. v. Bridgecenters at Park Meadows, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lanier Worldwide, Inc. v. Bridgecenters at Park Meadows, LLC, 633 S.E.2d 49, 279 Ga. App. 879, 2006 Fulton County D. Rep. 1973, 2006 Ga. App. LEXIS 711 (Ga. Ct. App. 2006).

Opinion

Ruffin, Chief Judge.

Lanier Worldwide, Inc. (“Lanier”) appeals the trial court’s order modifying an arbitration award Lanier obtained against Bridge-Centers at Park Meadows, LLC (“BridgeCenters”) and Stephen Tucker. Because the trial court erred in modifying the award, we reverse.

1. The record shows that, in the spring of 2003, BridgeCenters entered into a 60-month lease with Lanier for office equipment. The lease agreement obligated BridgeCenters to make monthly payments to Lanier in the amount of $12,252.35. It also provided that “[a]ny controversy or claim arising out of or relating to this Agreement or the breach hereof. . . shall be settled by binding arbitration.”

BridgeCenters failed to make the required monthly payments. Lanier apparently repossessed the equipment, and a dispute arose over BridgeCenters’ liability for payments under the lease. The parties ultimately submitted the dispute to arbitration. Following a two-day evidentiary hearing, the arbitrator ruled in favor of Lanier, awarding it $674,163.50 against BridgeCenters and Tucker, who guaranteed BridgeCenters’ obligations under the lease. The arbitrator calculated the damages based on OCGA § 11-2A-529 (1) (b), finding Lanier entitled to accrued unpaid rent and accelerated future lease payments reduced to present value.* 1

*880 Lanier petitioned the superior court to confirm the arbitration award and moved for summary judgment. Following a hearing, the trial court modified the arbitration award, drastically reducing the damages awarded Lanier from $674,163.50 to $60,306.24. In reaching this result, the trial court determined that damages should have been calculated under OCGA § 11-2A-528, rather than OCGA § 11-2A-529, and that such calculation did not permit recovery of future lease payments.

“Proceedings to confirm or vacate an arbitration award should be severely limited in order not to frustrate the purpose of avoiding litigation by resorting to arbitration. Where no ground exists for vacating or modifying the award, it is the duty of the court to confirm it.”* 2 The parties agree that this case is governed by the Federal Arbitration Act (“FAA”), 3 which permits modification of an arbitration award under the following circumstances:

(a) [wjhere there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award[;] (b) [wjhere the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted[;] [or] (c) [w]here the award is imperfect in matter of form not affecting the merits of the controversy. 4

The trial court did not specify the statutory basis for its decision to modify the arbitration award. Undoubtedly, however, it disagreed with the arbitrator’s application of OCGA § 11-2A-529 and the inclusion of future lease payments in the award.

With respect to recovery of future lease payments, Georgia’s Commercial Code offers the following guidance. After a default, a lessor of goods generally may recover the present value of the total rent for the remaining lease term minus the present value of the market rent for the goods. 5 6But, where “the lessor is unable after reasonable effort to dispose of [the goods] at a reasonable price or the circumstances reasonably indicate that effort will be unavailing,” *881 OCGA § 11-2A-529 (1) (b) allows the lessor to recover the present value of all rent for the remaining lease term.

The arbitrator found OCGA § 11-2A-529 applicable in this case. In his written award, the arbitrator noted that OCGA § 11-2A-529 applies when the lessor has possession of, but is unable after reasonable effort to dispose of, the leased goods. He then calculated damages under this provision. It is clear that the arbitrator determined Lanier was not able to dispose of the leased equipment despite reasonable effort, bringing this case within OCGA § 11-2A-529 (1) (b).

The trial court, however, refused to apply OCGA § 11-2A-529 (1) (b). It asserted that Lanier had “not shown the Court” that it was unable — after reasonable effort — to dispose of the equipment. 6 It then calculated damages based on OCGA § 11-2A-528 (1) (ii). Finding that the present market value of the equipment was at least equal to the present value of future rent due under the lease, it concluded that Lanier was not entitled to any damages for future lease payments. The trial court thus drastically reduced the damages awarded by the arbitrator.

We cannot agree with the trial court’s ruling. When presented with a petition to confirm an arbitration award, a trial court “may not inquire into the merits of the dispute or consider the sufficiency of the evidence.” 7 A confirmation proceeding does not create a forum for relitigating arbitrated issues. 8 As noted above, the trial court’s scope of review is extremely narrow, and with respect to modification, that scope is governed by the statutory grounds provided in 9 USC § 11.

None of these statutory grounds exists here. The parties submitted the issue of damages to the arbitrator. 9 And the trial court did not find any material miscalculation of figures in the arbitrator’s award, mistake in the award’s descriptions, or imperfection in the form of the award. 10 Rather, it substituted its judgment for that of the arbitrator as to whether Lanier had shown an inability to reasonably dispose of the equipment, and it penalized Lanier for not relitigating the issue at the trial court level. This it cannot do.* 11

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Bluebook (online)
633 S.E.2d 49, 279 Ga. App. 879, 2006 Fulton County D. Rep. 1973, 2006 Ga. App. LEXIS 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanier-worldwide-inc-v-bridgecenters-at-park-meadows-llc-gactapp-2006.