Appellate Win

Mark Tinker of CSK’s Tampa office obtained a reversal of a trial court order denying a motion to confirm a non-binding arbitration award.  The trial judge granted the plaintiff relief from that award, despite his untimely attempt to seek trial de novo, based on claims of excusable neglect.  But Mark pointed out that the claimed neglect was an error of law committed by a paralegal, whose actions are equally chargeable to the client as those of an attorney.  Because errors of law cannot constitute excusable neglect, the Second District reversed and remanded the case with instructions to enter judgment on the favorable arbitration decision.

Mark Tinker
(813) 509-2613

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