SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-3455-98T5
RICHARD JONES AND JANET JONES,
Plaintiffs-Respondents,
v.
FIRST NATIONAL SUPERMARKETS, INC.
(d/b/a/ EDWARDS SUPER FOOD STORES),
BEATRICE DIENER, S.O.S. MAINTENANCE
COMPANY,
Defendants-Appellants.
_____________________________________________________
Submitted February 29, 2000 - Decided March 13, 2000
Before Judges Pressler, Kimmelman and Arnold.
On appeal from the Superior Court of
New Jersey, Law Division, Union County.
Methfessel & Werbel attorneys for appellants
(Eric L. Harrison, on the brief).
Peter M. Rozano attorney for respondents.
The opinion of the court was delivered by
ARNOLD, J.S.C. (temporarily assigned)
Defendants First National Supermarkets, Inc. d/b/a Edwards
Super Food Stores, Beatrice Diener, and S.O.S. Maintenance Company
appeal from an order entered by the trial court on February 25,
1999, confirming an arbitration award because defendants did not
serve plaintiffs with a demand for a trial de novo within thirty
days as required by R. 4:21A-6. We affirm.
On November 20, 1996, plaintiff Janet Jones allegedly fell in
a Foodtown Supermarket and was injured. Suit was filed, issue
joined and the matter arbitrated on November 5, 1998. The
arbitrator entered a net award of $16,000 in favor of plaintiffs.
On December 1, 1998, defendants sent a trial de novo demand to the
court for filing. It was timely filed (within thirty days after
filing of the arbitration award) by the civil division manager on
December 3, 1998. However, it is now undisputed that the de novo
demand was not mailed to plaintiffs' counsel until December 9,
1998, thirty-four days after the award. It was received by
plaintiffs' counsel on December 10, 1998. The next day, December
11, 1998, plaintiffs filed a motion to confirm the arbitration
award. On January 8, 1999 that motion was denied; but, on February
5, 1999 on reconsideration, the motion was granted by the trial
court and the arbitration award was confirmed.
R. 4:21A-6 governs a demand for a trial de novo. It provides:
(b) Dismissal. An order shall be entered
dismissing the action following the filing of
an arbitrator's award unless:
(1) within 30 days of the filing of the
arbitration award, a party thereto files with
the civil division manager and serves on all
other parties a notice or rejection of the
award and demand for a trial de novo . . . .
In Hartsfield v. Fantini,
149 N.J. 611 (1997), and Wallace v.
JFK Hartwyck at Oak Tree,
149 N.J. 605 (1997), the Supreme Court
held that the de novo demand must be filed with the civil division
manager within thirty days in the absence of extraordinary
circumstances which do not include excusable neglect. Defendants
contend that this does not mean that the de novo demand must be
served on all other parties within thirty days. We disagree. The
express language of R. 4:21A-6(b)(1) provides that both filing and
service of the demand must be accomplished within thirty days of
the entry of an arbitration award. See Stegmeier v. St. Elizabeth
Hospital,
239 N.J. Super. 475 (App. Div. 1990) (observing that the
express language of R. 4:49-1(b) requires that filing and service
of a motion for a new trial be effected within ten days of the
return of the verdict and finding substantial compliance in giving
a copy of the motion to a messenger service for delivery on the
tenth day). See also State v. Newman,
36 N.J. Super. 506 (App.
Div. 1955); R. 1:6-3. We hold that the requirement of service
should be strictly enforced as was the filing requirement in both
Hartsfield, supra, and Wallace, supra.
Affirmed.