01-0254 Horvath v. Miller, et al.

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South Beach Capital Markets Incorporated appeals from the circuit court judgment confirming an arbitration award of $175,000 to Yasmin Horvath and amending the caption of the case to change the defendant’s name from “Collopy & Company, Inc.” to “Collopy & Company, Inc.

n/k/a South Beach Capital Markets Incorporated,” and from the order denying its motion to vacate that judgment. South Beach argues that its failure to appear at the hearing on the motion to confirm the award and amend the caption was the result of excusable neglect and, further, that the motion to vacate should have been granted in the interests of justice. South Beach asks this court to conclude that the circuit court erred in amending the caption or, in the alternative, to remand the case to the circuit court, directing it to vacate the judgment and remand to arbitration.

Because the appellate record reveals a significant factual dispute about what occurred at the arbitration hearing, and because resolution of that dispute may be reached with review of a transcript of that hearing, and because resolution of that dispute, in all likelihood, will prove pivotal in resolving the issues on appeal, we remand this case to the circuit court for amplification of the record and further consideration of South Beach’s motion to vacate the judgment. This opinion will not be published.

Dist I, Milwaukee County, Haese, J., Per Curiam

Attorneys:

For Appellant: Robert B. Corris, Milwaukee

For Respondent: Peter King Richardson, Milwaukee; Roland Lara, Milwaukee