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Colmar12/4/2003
relationship to one another. See McErlean v. Union National Bank of Chicago, 90 Ill. App. 3d 1141, 1148-49 (1980). Not one of the cases cited by Colmar in support of its claim for breach of fiduciary duty establishes that FMNA owed any such duty. Thus, because Colmar's claim is based on nothing more than the parties' contractual relationship and plaintiff's alleged trust in FMNA, no claim for breach of fiduciary duty has been established and the complaint does not survive on that basis.
In regard to the materials sought to be returned, we note that the second award expressly addresses this issue. Furthermore, the award states that such matters were previously considered during the first arbitration. Because plaintiff never filed an appeal to contest the validity of the first arbitration award, the second arbitration is valid where it relies on that first order - res judicata bars defendant from raising issues in his complaint as to the second award which were previously raised and decided in regard to the first award. See Peregrine Financial Group, Inc. v. Ambuehl, 309 Ill. App. 3d 101, 107 (1999) (if arbitration actions involve issues previously reached, they are barred by res judicata, notwithstanding the parties' contractual rights to bring such actions).
Accordingly, we hold that the trial court properly: (1) confirmed the arbitration award; and (2) dismissed Colmar's complaint for failure to state a claim upon which relief could be granted.
Affirmed.
HARTMAN and THEIS, JJ., concur.
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