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Where a complaint has been filed seeking confirmation of an arbitration award, the arbitration award is final, so it should be confirmed.
“This is one of two cases arising from an arbitration aimed at resolving a dispute between parties to an Asset Purchase Agreement.
“In the first case, No. 25-20540-CBB, The Vandiver Group, Inc. filed a complaint on August 6, 2025, seeking confirmation of a July 10, 2024 arbitration award entered in its favor against Lambert Global, LLC.
“Six days later, on August 12, 2025, Lambert Global, LLC filed a separate action, No. 25- 20579-CBB, against The Vandiver Group, Inc. and the arbitrator, Echelbarger, Himebaugh, Tamm & Co., PC, alleging breach of contract and breach of fiduciary duty and purportedly seeking declaratory relief. That action arises from the same Asset Purchase Agreement and the same arbitration proceedings.
“Multiple motions were filed in both cases on October 9, 2026.
“In Case No. 25-20540-CBB, Plaintiff moved for summary disposition, requesting summary confirmation of the arbitration award. On October 30, 2025, Defendant filed a response in opposition and cross-moved for summary disposition. The central legal issue was whether the Arbitrator’s ‘final’ July 10 report constituted a final arbitration award that the court could confirm.
“In Case No. 25-20579-CBB, Defendant Echelbarger, Himebaugh, Tamm & Co., PC, moved for summary disposition. It argued that arbitrators are entitled to absolute immunity for acts performed within the scope of their arbitral authority.
“Also, in Case No. 25-20579-CBB, Defendant Vandiver Group moved for summary disposition, arguing that the completed arbitration foreclosed Lambert’s claims.
“The Court entertained oral argument on December 17, 2025.
“The hearing led to the following rulings:
“1. In Case No. 25-20579-CBB, the court, finding the arbitrator enjoys absolute immunity, granted summary disposition in favor of Echelbarger, Himebaugh, Tamm & Co., PC.
“2. In Case No. 25-20540-CBB, the court, on December 19, 2025, issued an opinion and order. The court ruled that once an arbitrator issues a complete and final award, the functus officio doctrine generally prevents the arbitrator from reopening-the case or revising the decision except to correct minor clerical or computational errors. Accordingly, the court confirmed the July 10, 2025 arbitration award and entered judgment for Vandiver Group in the amount of $1,492,767 plus costs and interest.
“Obviously, the court’s decision granting a judgment in favor of Vandiver Group in Case No. 25- 20540-CBB ended Lambert’s claims against The Vandiver Group in Case No. 25-20579-CBB. Nonetheless, a formal order has not, until now, been entered in this case. …
“Defendant Vandiver Group’s October 9, 2026, motion for summary disposition in Case No. 25-20579-CBB is GRANTED.”
