DIVERSIFIED MANAGEMENT SERVICES v. SLOTTEN

No. 83-2411.

119 Wis.2d 441 (1984)

351 N.W.2d 176

DIVERSIFIED MANAGEMENT SERVICES, INC., Plaintiff-Respondent, v. Lary SLOTTEN and Dawn Slotten, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 25, 1984.


Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of John A. Heibl and Heibl, Heibl & Crisafi of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Gary A. Montie and Montie & Youngerman of Madison, and Jack Aulik and Aulik, Brill & Eustice, S.C. of Sun Prairie.

Before Dykman, J., Cane, J., and Bruce F. Beilfuss, Reserve Judge.


DYKMAN, J.

Lary and Dawn Slotten appeal from an order and a judgment confirming an arbitration award. We hold that the Slottens did not present clear and convincing evidence that one of the arbitrators was "evidently partial" within the meaning of sec. 788.10 (1)(b), Stats. Because the arbitrators' award is incomplete, however, we remand the case to the trial court with directions to remand a portion of the case to the arbitration panel for further proceedings. We...

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