Opinion
No. 12–P–447.
2013-01-30
Nancy J. KEENER v. Alexandros KESARIS.
By the Court (CYPHER, BROWN & COHEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Alexandros Kesaris (husband) appeals from a judgment confirming an amended arbitration award arising from Nancy J. Keener's (wife) complaint for contempt and the husband's counterclaim for contempt. After an evidentiary hearing, the arbitrator issued a decision in which he determined the appropriate division of certain retirement accounts and concluded that neither party was in contempt. Both parties filed objections and the arbitrator issued an amended decision, again concluding that neither party was in contempt and adjusting the financial division to the detriment of the husband.
The husband filed a motion in the Probate Court to confirm the original arbitration award and vacate the amended award. The judge confirmed the amended award. The husband has not demonstrated that the Probate Court judge erred in confirming the amended award. The record makes clear that the amended award was within the scope of G.L. c. 251, § 13( a )(1), inserted by St.1960, c. 374, § 1, as an “evident miscalculation of figures or an evident mistake,” as well as within the scope of G.L. c. 251, § 9, inserted by St.1960, c. 374, § 1, “for the purpose of clarifying the award.” There is no merit to the husband's claim that the arbitrator should have been disqualified.
There is also no merit to the husband's claim that he should have been awarded attorney's fees where the arbitrator made clear his reason for concluding that neither party was entitled to fees. It was not error for the judge to confirm that determination.
Judgment of contempt affirmed.