Lindenstadt
Lindenstadt v. Staff Builders, Inc.
Opinion
Opinion
Masterson, J.
Staff Builders, Inc. (Staff Builders) appeals an order of the superior court confirming an arbitration award. Because the trial court did not apply the correct standard in reviewing the arbitration award, we reverse.
Background
Staff Builders acquires, franchises, and manages home health care businesses. Glen Lindenstadt (Lindenstadt), who does business as The Lindenstadt Company (TLC), assisted Staff Builders in its acquisition efforts. From 1991 until 1995, TLC and Staff Builders entered into 25 to 30 written agreements referencing the possible acquisition of over 100 businesses.
By way of example, an agreement dated March 25, 1993, listed 11 potential acquisition candidates, including Homelife Nursing, Inc., and Kay-lee Home Care. The agreement acknowledged that TLC “has brought th[ese] possible acquisition/franchise candidate(s) to [Staff Builders’] attention.” The agreement further provided that “[i]f [Staff Builders] consummates an acquisition . . . with respect to the[se] company(ies) and/or business(es) . . . and first called to [Staff Builders’] attention by TLC within 36 months from the date entered below, [Staff Builders] will pay TLC a Finder Fee [based on]…