Scott A. Seldin v. Theodore M. Seldin, et al.

Whether the court of appeals erred in affirming the district court’s dismissal of a narrow statutory trust accounting action, which was based on findings made in arbitration, on the ground the rule of mandate is a jurisdictional bar to the action rather than an issue reviewed under the more flexible law of the case doctrine.

Whether the court of appeals erred in failing: (a) to determine the arbitrator exhausted his power under the functus officio doctrine and was not authorized to alter his earlier ruling denying jurisdiction under state trust laws and allow the court action to proceed; or, alternatively: (b) to adopt an exception to the functus officio doctrine applied by other courts of appeals permitting the court to remand the jurisdictional question to the arbitrator for clarification.