Guardian Builders, LLC v. Uselton

Summary

The Alabama Supreme Court held that Guardian’s motion to vacate or modify an arbitration award could be construed as a notice of appeal under Rule 71B, Ala. R. Civ. P. Because the circuit clerk had not entered the arbitration award as the circuit court’s judgment, the circuit court’s order purporting to deny the motion and confirm the award was void. The Supreme Court vacated the order and dismissed the appeal.

Holdings

1. A motion to vacate or modify an arbitration award may be construed as a Rule 71B notice of appeal when it was timely filed, attached the arbitration award, and provided notice that the party was appealing the award.
2. The circuit court may not act on a Rule 71B motion to set aside or vacate an arbitration award until the clerk has entered the award as the circuit court's final judgment; an order acting before that entry is void.
3. Rule 71C cannot be used to enter judgment on an arbitration award when a Rule 71B appeal has already been filed from that award.
4. Because the circuit court lacked authority to enter judgment on the arbitration award under Rule 71C, it also lacked authority to award related Better Business Bureau fees and facility costs.

Questions Presented

1. Whether Guardian's motion to vacate or modify the arbitration award could be construed as a notice of appeal under Rule 71B despite not being titled a notice of appeal.
2. Whether the circuit court could act on Guardian's challenge to the arbitration award before the clerk entered the award as the circuit court's final judgment under Rule 71B(f).
3. Whether the circuit court could confirm the arbitration award and enter judgment under Rule 71C while Guardian's Rule 71B appeal of the award was pending.
4. Whether the circuit court had authority to award Better Business Bureau fees and facility costs in connection with the purported confirmation of the award.

Disposition

vacated