Richard v. Robinson

The Supreme Court affirmed the order of the superior court denying Defendant's motion to confirm an arbitration award in Defendant's favor, holding that the trial justice properly exercised his discretion when he determined, under the circumstances, that Plaintiff's corrected electronic filing rejecting the arbitration award was prompt.In the underlying legal malpractice action Plaintiff alleged that Defendant, his former attorney, had failed properly to record a property settlement agreement that had been executed by Plaintiff and his ex-wife during the course of their divorce proceeding. The action proceeded to arbitration, and an arbitration award was issued in favor of Defendant. Plaintiff rejected the arbitration award using the superior court's electronic filing system but used an incorrect filing code. When Plaintiff learned of his error he attempted a correct filing. That filing was rejected because the statutory filing period had expired. The Supreme Court affirmed the superior court's denial of Defendant's motion to confirm the arbitration award, holding that Plaintiff's correct filing was properly considered timely. View "Richard v. Robinson" on Justia Law