A Better Way Wholesale Autos, Inc. v. Rodriguez
169 A.3d 292
| Conn. App. Ct. | 2017Background
- A Better Way sold a used 2006 Toyota Scion to Kiara Rodriguez; Rodriguez financed the purchase and left the vehicle in the dealer’s possession after reporting defects and seeking cancellation.
- Rodriguez demanded arbitration under the retail installment contract, asking for revocation of acceptance, cancellation of the contract, and rescission; she named A Better Way and the assignee finance company.
- During arbitration Rodriguez settled with the finance company; the finance company asserted cross-claims against A Better Way under a dealer agreement.
- The arbitrator awarded damages to Rodriguez and the finance company and ordered the finance company to return the vehicle to A Better Way; the arbitrator also awarded attorney’s fees to the finance company.
- A Better Way filed in Superior Court under Conn. Gen. Stat. § 52-418 to vacate the portion of the award ordering return of the vehicle, arguing title/possession was not submitted; the Superior Court denied vacatur, confirmed the award, and awarded the finance company attorney’s fees; A Better Way appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arbitration submission was restricted as to title/possession of the vehicle | A Better Way: title/possession were never submitted; arbitrator exceeded powers by ordering return of vehicle | Rodriguez & finance co.: arbitration clause was broad; plaintiff’s rescission request put title/possession at issue | Court: submission was unrestricted; rescission demand made title/possession part of the dispute, so arbitrator acted within scope |
| Whether the arbitrator exceeded powers under § 52-418(a)(4) | A Better Way: award ordering return of vehicle exceeded arbitrator’s authority and must be vacated | Defendants: unrestricted submission permits such relief; award conforms to submission | Court: arbitrator did not exceed powers; vacatur denied |
| Whether the trial court properly ordered A Better Way to pay the finance company’s attorney’s fees for defending the award | A Better Way: dealer agreement’s fee-shifting provision was not invoked; fees not recoverable | Finance co.: cross-claims invoked dealer agreement; prevailing-party fee provision applies; trial court may modify award to reimburse fees | Court: declined to review on appeal due to inadequate briefing by A Better Way; fee award affirmed below |
| Whether appellate claims about fees and related issues were preserved/adequately briefed | A Better Way: raised multiple fee-related claims on appeal | Defendants: many claims were waived or inadequately briefed | Court: several fee arguments deemed inadequately briefed or waived; refused to review them |
Key Cases Cited
- LaFrance v. Lodmell, 322 Conn. 828, 144 A.3d 373 (Conn. 2016) (arbitration submission is unrestricted absent express limiting language)
- Garrity v. McCaskey, 223 Conn. 1, 612 A.2d 742 (Conn. 1992) (limited judicial review of arbitration awards to minimize interference)
- Burr Road Operating Co. II, LLC v. New England Health Care Employees Union, District 1199, 316 Conn. 618, 114 A.3d 144 (Conn. 2015) (arbitrator factual findings not subject to judicial review under unrestricted submission)
- Harty v. Cantor Fitzgerald & Co., 275 Conn. 72, 881 A.2d 139 (Conn. 2005) (under unrestricted submission courts will not review errors of law or fact)
- American Universal Ins. Co. v. DelGreco, 205 Conn. 178, 530 A.2d 171 (Conn. 1987) (party cannot object to an award that accomplishes what arbitrator was authorized to do)
- Comprehensive Orthopaedics & Musculoskeletal Care, LLC v. Axtmayer, 293 Conn. 748, 980 A.2d 297 (Conn. 2009) (vacatur under § 52‑418(a)(4) requires comparing award to submission)
- Mayer v. Historic District Commission, 325 Conn. 765, 160 A.3d 333 (Conn. 2017) (classical and statutory aggrievement standards for standing)