Vogt v. MBNA America Bank

2008 WY 26, 178 P.3d 405, 2008 Wyo. LEXIS 27, 2008 WL 596180
CourtWyoming Supreme Court
DecidedMarch 6, 2008
DocketNo. S-07-0188
StatusPublished
Cited by3 cases

This text of 2008 WY 26 (Vogt v. MBNA America Bank) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vogt v. MBNA America Bank, 2008 WY 26, 178 P.3d 405, 2008 Wyo. LEXIS 27, 2008 WL 596180 (Wyo. 2008).

Opinion

KITE, Justice.

[¶ 1] Keith Vogt appeals from the district court’s order confirming an arbitration award and granting a judgment to MBNA America Bank (MBNA). On the record before us, we [407]*407find no error in the district court’s decision. Consequently, we affirm.

ISSUES

[¶2] Mr. Vogt does not include a separate statement of the issues, as required by W.R.A.P. 7.01. His brief, however, includes the following assertions:

1. Laramie County Court does not have jurisdiction over the matter because of diversity of citizenship and statute.
2. A motion for a restraining order filed and served on appellee-plaintiff constitutes notice of not consenting to arbitration proceedings.
3. The court has not heard objections to appellee-plaintiffs motion.

MBNA phrases the issues as:

I. Whether the district court had jurisdiction to confirm the arbitration.
II. Whether the district court properly confirmed the arbitration award pursuant to W.S. Sections 1-36-101 et. seq.

FACTS

[¶ 3] The record on appeal is very limited. On March 2, 2007, MBNA filed a petition for confirmation of arbitration award. The arbitration award was attached to the petition and stated in relevant part:

Case Summary
1. The Claimant [MBNA] has filed a Claim with the National Arbitration Forum.
2. After Proof of Service of the Claim was filed with the Forum, the Forum mailed to Respondent a Second Notice of Arbitration.
3. An arbitration hearing notice was duly delivered to the Parties as required by the Forum Rules.
4. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
5. The Arbitrator has reviewed all evidence submitted in this case.
Decision
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3. The Claim was properly served on the Respondent by Claimant in accordance with Rule 6, including a Notice of Arbitration.
4. On or before 12/22/2005 the Parties entered into a written agreement to arbitrate their dispute.1
5. No Party has asserted that this Arbitration Agreement is invalid or unenforceable.
6. The Parties’ Arbitration Agreement is valid and enforceable and governs all the issues in dispute.
7. This matter is arbitrable under the terms of the Parties’ Arbitration Agreement and the law.
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9. The evidence submitted supports the issuance of this Award.
10. The applicable substantive law supports the issuance of the Award.

Therefore, the Arbitrator ISSUES:

An Award in favor of the Claimant, for a total amount of $3,374.49.

[¶ 4] Mr. Vogt filed a motion to dismiss the petition to confirm the arbitration award, apparently claiming the district court did not have jurisdiction because MBNA was not authorized to transact business in Wyoming as it was a Delaware corporation and did not have a certificate of authority issued by the Wyoming ■ Secretary of State. The district court denied Mr. Vogt’s motion to dismiss. It concluded that it had jurisdiction over the subject matter and parties pursuant to the Uniform Arbitration Act, Wyo. Stat. Ann. § 1-36-101, et. seq. (LexisNexis 2007). Addressing Mr. Vogt’s claim that MBNA was not authorized to transact business in Wyoming, it ruled MBNA was a “National Bank” that was not required to register with the Wyoming Secretary of State because it is [408]*408registered with the Federal Office of the Comptroller of the Currency.

[¶ 5] The district court entered an order confirming the arbitration award and granting a judgment in favor of MBNA. The court noted that Mr. Vogt had not filed a timely motion to vacate or modify the award under the arbitration statute. Mr. Vogt filed a notice of appeal. He apparently did not, however, designate any portions of the record for our review. MBNA designated the limited record we have before us.

DISCUSSION

1. Jurisdiction

[¶ 6] In his first issue, Mr. Vogt claims the district court did not have jurisdiction over the arbitration confirmation proceedings. Subject matter jurisdiction is an issue of law that may be raised at any time by any party or by the court on its own motion. Thunder Basin Coal Co. v. Campbell County, 2006 WY 44, ¶ 36, 132 P.3d 801, 813 (Wyo.2006); Wooster v. Carbon County School Dist. No. 1, 2005 WY 47, ¶ 33, 109 P.3d 893, 902 (Wyo.2005).

[¶ 7] Section 1-36-102 defines judicial jurisdiction over arbitration matters:

“Court” means the district court having jurisdiction of the parties. An agreement providing for arbitration in this state may be enforced by the court in the county where the parties to the controversy reside or may be personally served.

Mr. Vogt argues that MBNA is a Delaware corporation that does not have a certificate of authority from the Wyoming Secretary of State’s office and, thus, could not be personally served in Laramie County. The district court concluded that it had jurisdiction to confirm the arbitration award because MBNA is a “National Bank” and, therefore, was not required to register with the Wyoming Secretary of State.

[¶ 8] The record on appeal contains no evidence relevant to the jurisdiction issue. There is no information about whether or not MBNA is a Delaware corporation, registered in Wyoming and/or a “National Bank.” “An appellant bears the burden of bringing to the reviewing court a sufficient record on which to base its decision.” Aragon v. Aragon, 2005 WY 5, ¶ 20, 104 P.3d 756, 762 (Wyo.2005). Absent a sufficient appellate record, we must presume there was a sufficient evidentiary basis for the district court’s decision. See, e.g., Montoya v. Navarette-Montoya, 2005 WY 161, ¶ 8, 125 P.3d 265, 269 (Wyo.2005); Burt v. Burt, 2002 WY 127, ¶ 7, 53 P.3d 101, 103 (Wyo.2002).

[¶ 9] On the record before us, we accept the district court’s factual finding that MBNA is a “National Bank.” Mr. Vogt offers no pertinent legal authority or cogent argument to contest the district court’s legal conclusion that, because MBNA is a “National Bank,” it had jurisdiction to confirm the arbitration award. See Pittard v. Great Lakes Aviation, 2007 WY 64, ¶ 47, 156 P.3d 964, 977 (Wyo.2007). We, therefore, summarily affirm the district court’s ruling that it had jurisdiction to confirm the arbitration award.

2. Consent/Agreement to Arbitrate Dispute

[¶ 10] In his second argument, Mr. Vogt claims that he did not consent to the arbitration proceeding and his non-consent is evidenced by a motion he filed in federal court to temporarily enjoin MBNA from conducting further collection actions. He also briefly argues that he was not properly notified of the arbitration.

[¶ 11] Before we address Mr. Vogt’s specific arguments, it is worthwhile to reiterate our general policies regarding arbitration.

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Bluebook (online)
2008 WY 26, 178 P.3d 405, 2008 Wyo. LEXIS 27, 2008 WL 596180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogt-v-mbna-america-bank-wyo-2008.