ROSSCO HOLDINGS INC. v. Bank of America

One party to a litigation moved to compel arbitration. The trial court judge granted the motion and the case proceeded to completion. Thereafter, the parties filed cross-petitions to vacate and confirm the arbitration award. At this point, the judge disqualified himself, due to previous conversations with dispute resolution providers regarding possible employment, which conversations had occurred prior to the judge’s initial ruling on the motion to compel arbitration. The case was transferred to a new judge. The unsuccessful party at the,:arbitration moved to vacate the trial court’s earlier ruling compelling arbitration, based on the first judge’s apparent disqualification to issue that order. The trial court granted the motion, and issued an order vacating not only the order compelling arbitration, but the arbitration award itself. The party successful at the arbitration appeals. We conclude the trial court did not err in vacating the order compelling arbitration, but that it was premature to vacate the arbitration award. We reverse and remand with directions for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

While the issues underlying the parties’ dispute…