Bd. of Educ. v. L.R. Foy Constr. Co., Inc

In Bd. of Educ. v. L.R. Foy Constr. Co., Inc., 237 Kan. 1, 697 P.2d 456 (1985), an arbitration panel was required by rule to issue its decision within 30 days of the close of the hearing. The panel issued its award after that deadline. Foy moved for clarification of the award. Later, on court review, Foy argued that the panel had lost jurisdiction over the matter entirely when it did not render a decision in 30 days, and therefore the award was invalid. The appellate court concluded that it could be inferred from Foy's filing a motion to clarify that "acknowledged the jurisdiction of the arbitration panel," that he was relinquishing the right to take the inconsistent position that the arbitration panel had lost jurisdiction over the case. Id. at 4.