Where did I go wrong?

[stebbinsd]

What is the name of your state (only U.S. law)? Federal, 8th Circuit

Ok, no, this is not homework; this is a real case, and no, I don't have an attorney, but that's only because I can't afford one, and appellate attorneys don't work on a contingency basis. In fact, I've asked attorneys if they can take my appeal on contingency, and, without me telling them anything about the case, they immiediately dismiss me.

Furthermore, I'm aware that I may be leaving some key details out. I'm sorry if I don't already know what details to provide, but if you ask for the details, I can provide them.

So, I've been forced to appeal pro se two federal District Court orders denying confirmation of a couple of arbitration awards.

The Eighth Circuit dismissed my appeals for lack of jurisdiction! No explanation given, just dismissed it. Literally, here is the body of the notice I received (both were identical, save for the names of the appellees).

The court has carefully reviewed the original file of the United States District Court and orders that this appeal be dismissed for lack of jurisdiction under 8th Circuit Rule 47A(a).
All pending petitions and motions are dismissed as moot.

What did I do wrong? What mistake did I make?

I can't imagine that it's just "patently frivolous," because that is also another grounds to summarily dismiss on Local Rule 47(a) grounds, so if THAT was the reason, I'm confident they would have given that as their reason, not lack of jurisdiction.

They most certainly DO have jurisdiction! 9 U.S.C. § 16(a)(1)(D) gives them jurisdiction!

Where did I go wrong?

 

[tranquility]

Not that you wouldn't guess it from the lack of information and context in the question, but, posting hx folks.

 

[stebbinsd]

Not that you wouldn't guess it from the lack of information and context in the question, but, posting hx folks.

If I'm missing information, why can't you just tell me what information you need me to provide? I've provided all the details I could think of!

 

[Antigone*]

Not that you wouldn't guess it from the lack of information and context in the question, but, posting hx folks.

Thanks Tranq. I was goin to say something, but I thought I'd be nice. Not sure why guess I just didn't want the forum gods picking on me.

 

[tranquility]

Although, at a guess, the reason the appellate court does not have jurisdiction is because the federal court didn't have jurisdiction. Probably some non-appeal clause in the arbitration.

 

[stebbinsd]

Although, at a guess, the reason the appellate court does not have jurisdiction is because the federal court didn't have jurisdiction.

Then how come 9 U.S.C. Section 16(a)(1)(D) says they have jurisdiction?

Probably some non-appeal clause in the arbitration.

No, the district courts denied both my motions to confirm the arbitration awards because they felt that the arbitration agreements, in their entirety, were invalid and unenforceable.

 

[tranquility]

Well, there you go, more facts.

See:
Perpetual Securities, Inc., Petitioner-Appellant, v. Julie Tang and Hua Yu Chen, Respondents-Appellees., 290 F.3d 132 (2nd Cir. 2002) - Federal Circuits - Docket Number: 01-7901 - vLex

 

[stebbinsd]

Well, there you go, more facts.

See:
Perpetual Securities, Inc., Petitioner-Appellant, v. Julie Tang and Hua Yu Chen, Respondents-Appellees., 290 F.3d 132 (2nd Cir. 2002) - Federal Circuits - Docket Number: 01-7901 - vLex

Well, there are several problems I have with that citation.

1. That has no precedential power in the 8th Circuit.
2. Why can't the 8th Circuit explain that?
3. In that case, the merits of the appeal were reached (whether or not the District Court had jurisdiction); they didn't just dismiss it, for lack of jurisdiction, without even reaching the merits.
4. Whether or not the federal courts have jurisdiction to hear an arbitration claim, and whether or not the appeal of an arbitration claim, upon that claim being heard on the merits in the District Court, are two completely different things.

Sorry, but I still don't understand what happened.

 

[stebbinsd]

I recently came across some interesting information that may provide an explanation.

The order denying confirmation of the arbitration award was not a final judgment... because we also had some litigation we needed to sort out.

The appellate courts would still have jurisdiction to hear this appeal. After all, in Southland Corp v. Keating, the U.S. Supreme Court stated that "for us to delay review of a... judicial decision denying enforcement of a contract to arbitrate until the... litigation has run its course would defeat the core purpose of a contract to arbitrate."

So, the appellate courts DO have jurisdiction... however, I filed a regular appeal, and, because the order denying confirmation of an arbitration award was not a final judgment, I should have filed an interlocutory appeal!

Is that likely to be the reason? If that is not likely to be the reason, then you can ignore everything below this paragraph.

If that is the reason, is the dismissal without prejudice? Can I refile the appeal, only this time, make it interlocutory?

Or, rather, could I simply wait out the litigation, and include this argument in my regular appeal, after a final judgment has been entered, like I'm planning on doing in this thread?

https://forum.freeadvice.com/civil-...-timely-file-interlocutory-appeal-551956.html