Betz

Appellant Heide V. Betz appeals an order denying her motion to vacate a judgment confirming an arbitration award in favor of respondent Charles J. Pankow, and imposing sanctions against her attorney. She contends the court erred in determining it was without jurisdiction to decide the motion on its merits while the judgment was pending on appeal.

An arbitration award issued in favor of respondent in a dispute over dissolution of a partnership. The trial court denied appellant's motion to vacate the award, which motion was based on separate grounds not relevant to this appeal, and granted respondent's petition to confirm. Judgment ultimately issued confirming the award, from which appellant timely appealed. While the appeal was pending, appellant moved to vacate the judgment on the ground that shortly after its entry, but during pendency of the appeal, she learned that one of the arbitrators had recently retired as a partner in the law firm which, during several years prior to the arbitration, represented three business entities owned or controlled by respondent. [1] The award was signed by only two arbitrators of a three-person panel — the challenged…