MARTINEZ v. BINSFIELD

Nos. 1 CA-CV 98-0302, 1 CA-CV 98-0544.

990 P.2d 647 (1999)

195 Ariz. 446

Victoria Elizabeth MARTINEZ, a single person, Plaintiff-Appellant, v. Mary Patricia BINSFIELD and John Doe Binsfield, wife and husband; Jeannette Theresa Shultz and Walter Schultz, wife and husband, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

Review Granted October 26, 1999.


Attorney(s) appearing for the Case

Warnock, MacKinlay & Associates, P.L.L.C. by Brian R. Warnock, Jay MacKinlay, Phoenix, Attorneys for Plaintiff-Appellant.

Law Offices of Joseph A. Kula by Robert R. Byrne, Phoenix, Attorneys for Defendants-Appellees, Binsfield.

Jones, Skelton & Hochuli by Christine R. Taradash, Ronald R. Collett, Phoenix, Attorneys for Defendants-Appellees, Shultz.


OPINION

LANKFORD, Judge.

¶ 1 This appeal by plaintiff Victoria Martinez raises a novel question: Must a civil action referred to arbitration proceed under the timetable for civil trials or under the schedule for civil actions referred to arbitration? Plaintiff appeals from the trial court's refusal to vacate its order of dismissal of her case for failure to prosecute. Because the court misapplied the civil trial timetable to an arbitration, we reverse...

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