The Wyoming Supreme Court has affirmed the confirmation of a consumer credit arbitration award because the appellant failed to provide a sufficient record to the court and failed to properly contest the award through a motion for vacatur or modification.

In Vogt v. MBNA America Bank, No. S-07-0188, 2008 WL 596180 (Wyo. Mar. 6, 2008), an arbitration award was entered in favor of creditor MBNA against Vogt. After the award was issued, MBNA filed a petition to confirm the award.

In response, Vogt filed a motion to dismiss the petition to confirm, claiming the trial court did not have subject-matter jurisdiction over the matter. The district court confirmed the award and denied Vogt's motion.

The Court found the appellate record presented by Vogt was insufficient to demonstrate any evidentiary basis for any challenge he presented to the award. Vogt flatly alleged that the court did not have jurisdiction to hear the matter because MBNA was not registered to do business in Wyoming, but presented no relevant supporting evidence. Similarly, Vogt's arguments that he did not consent to or receive notice of the arbitration proceeding were unsupported on the record.

Finally, the Court observed that Vogt failed to timely move for vacatur or modification of the award. Instead, Vogt attacked the award through an untimely motion to dismiss. Absent a proper and timely objection by Vogt, the Court found the district court had properly confirmed MBNA's award.