Boyd v. Davis

Andrew P. Davis, M.D., appeals the court’s order vacating an arbitration award alleging the court erred in going beyond the face of the award to examine the merits of the dispute, and in awarding attorneys’ fees. We agree.

Facts

This appeal arises out of the sale of Herschell H. Boyd, M.D.’s ophthalmological practice to Davis. Davis agreed to retain Boyd as an employee for 3 years to facilitate the transfer of patients. Boyd agreed to guarantee a $900,000 bank loan Davis needed to purchase the practice and to defer $900,000 of the purchase price for 3 years. On April 8, 1992, the parties’…