Trial Court Erred in Remanding Case to Arbitrator Without Holding Evidentiary Hearing on Disputed Facts, Conn. Court Rules

HARTFORD, Conn. - A trial court lacked authority to remand a case back to an arbitrator after denying the defendant’s motion for summary judgment without first hearing evidence and deciding the merits of the declaratory judgment action, a Connecticut appellate court has ruled.

In a Sept. 25 opinion, the Connecticut Court of Appeals explained that the remand denied the plaintiff the right to an evidentiary hearing on the questions of fact.

First Merchants Group Limited Partnership and Harriet Fordham were the sole members of a limited liability company. The parties' Jan. 25, 2002, operating agreement provided that any disputes …