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SCHOLL v. LUNDBERG

No. 92-0865.

178 Wis.2d 259 (1993)

504 N.W.2d 115

Thomas W. SCHOLL and Smith Realty Company, Inc., Petitioners-Respondents, v. John LUNDBERG, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided July 7, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Dan Conley of Quarles & Brady, of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the briefs of William F. Scholl of Elm Grove.

Before Wedemeyer, P.J., Sullivan and Fine, JJ.

SULLIVAN, J.

John Lundberg appeals from a judgment confirming an arbitration award in favor of Thomas W. Scholl and Smith Realty Co., Inc. (collectively, Scholl). Lundberg did not participate in the arbitration proceedings because he contended that there was no enforceable agreement to arbitrate the underlying dispute. In this appeal, the issue is not whether the underlying dispute was the subject of arbitration; rather, it is whether Lundberg waived his right to...

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