Pybas v. Paolino

Petrich, J. *

— Joseph Paolino appeals an order vacating a judgment entered on a mandatory arbitration award. The vacation order had the effect of extending the time period during which Edmund Hill, a coplaintiff, could obtain a trial de novo.

The question presented is whether a superior court judge, lacking the authority to extend the time for requesting a trial de novo to supersede an arbitration award, abuses his discretion by allowing entry of judgment on the award and, thereafter, vacating it, pursuant to CR 60(b), on the basis of excusable neglect. We hold that the superior court’s…