WEIN v. MORRIS


909 A.2d 1186 (2006)

388 N.J. Super. 640

Howard WEIN, Patrick Delaney, and Jeffery Realty, Inc., Plaintiffs-Respondents, v. Jack MORRIS, Charlestown Crossing, Inc., JSM at Talmadge, LLC, JSM at Inman, LLC, JSM at New Dover, LLC, and JSM at Matawan, LLC., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 2006.


Attorney(s) appearing for the Case

Jeffrey J. Brookner argued the cause for appellants (Wilentz, Goldman & Spitzer, attorneys; Alan Wasserman, Woodbridge, of counsel; Mr. Wasserman and Mr. Brookner, on the brief).

Brian F. Curley, Morristown, argued the cause for respondents.

Before Judges WEFING, PARKER and C.S. FISHER.


The opinion of the court was delivered by

FISHER, J.A.D.

Nearly five years after this action was commenced, the trial judge sua sponte ordered the parties to abide by their contractual promise to arbitrate their disputes, thus compelling a sixteen-day arbitration proceeding. In this appeal, we consider: whether the trial judge erred in compelling arbitration; whether defendants waived their right to now complain of that order by neither appealing nor seeking...

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