Scholl v. Lundberg

John Lundberg appeals from a judgment confirming an arbitration award in favor of Thomas W. Scholl and Smith Realty Co., Inc. (collectively, Scholl). Lundberg did not participate in the arbitration proceedings because he contended that there was no enforceable agreement to arbitrate the underlying dispute. In this appeal, the issue is not whether the underlying dispute was the subject of arbitration; rather, it is whether Lundberg waived his right to raise the issue by not appearing and objecting at the arbitration hearing. The circuit court held that by failing to appear and object to the…