Jarostchuk v. Aricol Communications, Inc.

OPINION

NOYES, Judge.

Plaintiff filed an untimely notice of appeal to superior court from an arbitration award in favor of Defendants. Defendants moved to strike the notice of appeal and Plaintiff moved for leave to file a delayed appeal on grounds of excusable neglect. The trial court denied Defendants’ motion and granted Plaintiff’s motion. Defendants appealed to this Court.

We hold that “excusable neglect” is the standard to meet when seeking a delayed appeal from compulsory arbitration to superior court. We also hold that the court abused its discretion in finding that the secretarial error…