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JAROSTCHUK v. ARICOL COMMUNICATIONS

No. 1 CA-CV 96-0451.

942 P.2d 1178 (1997)

189 Ariz. 346

Ilia JAROSTCHUK, a single man, Plaintiff-Appellee, v. ARICOL COMMUNICATIONS, INC., Michael W. Roe and Jane Doe Roe, husband and wife, Defendants-Appellants.

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

July 31, 1997.

Attorney(s) appearing for the Case

Michael A. Fairbairn, P.C. by Michael A. Fairbairn, Phoenix, for Plaintiff-Appellee.

Brian K. Stanley, Phoenix, for Defendants-Appellants Roe.

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...

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