Davis v. Fenton

Dist. Ct. had jurisdiction to confirm arbitrator’s $82,528.10 award in favor of plaintiff in plaintiff’s action alleging that defendant committed legal malpractice while representing plaintiff in underlying mortgage foreclosure action. Instant malpractice action was stayed by Dist. Ct. pending arbitration pursuant to agreement by parties to submit to arbitration any dispute arising out of defendant’s representation of plaintiff. Thus, Dist. Ct. had jurisdiction to act on plaintiff’s subsequent request to confirm arbitration award because Dist. Ct. had stayed, as opposed to dismissed plaintiff’s original lawsuit. Fact that defendant had filed state court action seeking to vacate arbitrator’s award prior to plaintiff coming back to Dist. Ct. to confirm said award did not require different result.