No Appeal From Order Denying Motion To Vacate Arbitration Award.
The Court of Appeal dismissed an appeal without prejudice in Porter v. AG Arcadia, LLC, No. B276183 (2/5 2/28/17) (Turner, Kriegler, Kin) (unpublished). Defendants appealed from an order denying a motion to vacate an arbitration award. The problem? "No appeal may be taken from an order denying a motion to vacate an arbitration award." However, the appeal was not frivolous, because sometimes an appeal can be treated as a writ petition – though here the necessary criteria were lacking.
No Appeal From Judgment That Is Not Final.
Defendants appealed from a judgment confirming an arbitration award "on one of 27 causes of action." Acquire II, Ltd. V. Colton Real Estate Group, No. G052353 (4/3 2/28/17) (Aronson, Fybel, Ikola) (unpublished). No go. An arbitrator's award that does not determine all the questions presented does not qualify as an award under section 1283.4. Dismissed for lack of jurisdiction, because the trial court's judgment was not final.