ABRITRATION – Jurisdiction lost in contract action: Pavkovich v. Shenouda (COA 3/27/2009)

Pavkovich v. Shenouda
2009 WL 792488

Opinion by Judge Acree; Chief Judge Combs and Judge Taylor concurred.

The Court dismissed for lack of jurisdiction appellants’ appeals from an order of the circuit court dismissing and referring to arbitration their breach of contract and fraudulent misrepresentation claims related to the purchase of real property and an order of the circuit court affirming an arbitrator’s decision that the demand for arbitration was not timely.

The Court held that the circuit court lost jurisdiction of the subject matter 10 days after its original order dismissing the claims with prejudice. Because appellants did not timely appeal, the Court could not address that dismissal.

The Court then held that once the circuit court lost subject matter jurisdiction, appellants were required to comply with KRS 417.160 in order to invoke the circuit court’s jurisdiction to review the arbitrator’s decision. The trial court did not have subject matter jurisdiction to consider appellants’ motion filed in the case that had long since become final.

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