[DOWNLOAD] "Mbna America Bank" by South Carolina Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Mbna America Bank
• Author : South Carolina Supreme Court
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Defendants former wife obtained credit cards from plaintiff, unbeknownst to defendant and in his name, and then incurred substantial debt. When defendant failed to make payments, plaintiff submitted the matter to arbitration as provided in the credit card contract. On the recommendation of his former wife, defendant retained a man who falsely represented that he was an attorney and who, in the arbitration and in several federal court cases, raised a number of obviously bogus claims and defenses, the result of which was an arbitration award against defendant, duly confirmed by a judgment in circuit court. At that point, defendant retained a licensed attorney, who moved to vacate the judgment under ORCP 71 C, set out below. The trial court granted the motion, vacated the judgment confirming the arbitration award, and remanded the case to the arbitrator to "determine if arbitration proceedings will be reopened or not." Plaintiff appeals, arguing that the court abused its discretion in vacating the judgment and in denying plaintiffs motion to reinstate it. On cross-appeal, defendant assigns error to the courts order remanding the case to the arbitrator, arguing that whether there is an agreement to arbitrate is an issue for the court. For the reasons that follow, we conclude that the court did not abuse its discretion in granting relief under ORCP 71 C and that the court complied with ORS 36.700(1). We therefore affirm on appeal and on cross-appeal.

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