United States Fourth Circuit

Judgment confirming arbitration award in favor of defendants is vacated where, during the hearing on the confirmation motion, the court: 1) allowed plaintiff's counsel to withdraw; 2) denied plaintiff's owner permission to proceed pro se; 3) struck plaintiff's pro se pleadings; and 3) confirmed the arbitration award, despite plaintiff's request for a continuance to obtain replacement counsel, thus effectively conducting an ex parte proceeding in which it ruled on the merits of the controversy.

Appellate Information

• Decided 11/01/2007
• Published 11/01/2007

Judges

• Before MOTZ and KING, Circuit Judges, and Robert J. CONRAD, Jr., Chief United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Henry St. John FitzGerald, Arlington, Virginia, for Appellant.  Christopher O. Davis, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, Louisiana, for Appellees.   ON BRIEF:  Joseph F. Giordano, Semmes, Bowen & Semmes, Vienna, Virginia, for Appellees.