Opinion
No. 62958
03-12-2015
RICHARD AFRAND, Appellant, v. NEVADA PROPERTY 1, LLC, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER AFFIRMING IN PART, VACATING IN PART, AND REMANDING
This is a pro se appeal from a district court order confirming an arbitration award. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge.
Appellant contends that the arbitration award should have been vacated because (1) there was evident partiality on the arbitrator's part, (2) the arbitrator manifestly disregarded the law, (3) the arbitrator exceeded his authority by awarding damages in excess of those permitted under the parties' contract, and (4) the arbitrator lacked jurisdiction over the parties' dispute. Having considered these contentions and the record on appeal, we agree with the district court's analysis and rejection of those same contentions. See Sylver v. Regents Bank, N.A., 129 Nev. ___, ___, 300 P.3d 718, 721 (2013) (reviewing de novo a district court's confirmation of an arbitration award).
Appellant also argues, however, that the arbitration award should have been modified to account for a mathematical miscalculation. See NRS 38.242(1)(a). While the district court's order notes this argument and indicates that the purported miscalculation will be "taken into account when determining the outstanding balance due on the total award," the district court does not appear to have done so. Accordingly, we vacate the district court's judgment in part, but only insofar as the judgment includes amounts that appellant had purportedly satisfied. To the extent that respondent objects to appellant's contentions in this regard, it may lodge those objections in district court on remand. Consistent with the foregoing, we
ORDER the judgment of the district court AFFIRMED IN PART AND VACATED IN PART AND REMAND this matter to the district court for proceedings consistent with this order.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Nancy L. Allf, District Judge
Richard Afrand
Snell & Winner, LLP/Las Vegas
Eighth District Court Clerk