S-18-0336, John A. and John H. Garlock (plaintiffs) v. 3DS Properties, L.L.C., A Nebraska Limited Liability Co., Keith Donner and Ryan Basye (appellants).
Attorneys: William Bianco and Douglas Ruge for Appellants --- Justin Eichmann/Sarah Cavanagh of Houghton Bradford Witted for Appellees
Douglas County District Court, Judge James T. Gleason.
Civil: Breach of Contract; arbitration
Proceedings Below: The district court vacated the arbitration award.
Issues: The district court erred in 1) vacating the award of the arbitrator and failing to find that the Appellees were bound by the award, 2) ruling that the arbitration provision was not enforceable and in ruling that it was unenforceable because language was not underlined as provided by Neb. Rev. Stat. §25-2602.02, and 3) overruling the Appellants’ Motion to Reconsider and Motion to Alter or Amend which argued that the Federal Arbitration Act preempted Neb. Rev. Stat. §25-2602.02 and that the Appellees agreed to arbitration and participated in the arbitration without taking efforts to prevent the arbitration from proceeding.