Hoirup v. Empire Airways, Inc.

The trial court granted a motion to strike Donald Hoirup's request for a trial de novo following a mandatory arbitration because the request was not served within 20 days of the arbitration decision. Because we decide that the requirement of MAR 7.1 that proof of service be filed along with the request for a trial de novo is not jurisdictional, we reverse.

I

Hoirup sued his former employer, Empire Airways (Empire), for wrongful discharge. Empire counterclaimed for fraud, misrepresentation and breach of contract. Following mandatory arbitration, Empire Airlines was awarded judgment on its…