153 Conn.App. 716
Conn. App. Ct.2014Background
- Bobbin sued Sail the Sounds, LLC and Scoggins for profit-sharing under a written contract.
- In 2004, the parties agreed to mediation then binding arbitration if mediation failed; no mediation/arbitration occurred by Sept. 15, 2004.
- Bobbin filed an application to compel arbitration under § 52-410 on July 7, 2008; hearing was set but postponed at defendants’ request.
- After long inactivity, a 2012 status conference was scheduled; Bobbin filed a certificate of closed pleadings on April 27, 2012.
- Defendants moved to dismiss the arbitration application for failure to prosecute with reasonable diligence under Practice Book § 14-3; trial court granted the motion.
- The appeal followed with issues concerning whether § 14-3 applies to arbitration applications and whether Bobbin acted with reasonable diligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 14-3 governs arbitration applications. | Bobbin’s application is not a civil action and thus not subject to § 14-3. | Arbitration proceedings are civil actions for § 14-3 purposes. | Yes, § 14-3 applies to § 52-410 arbitration actions. |
| Whether Bobbin prosecuted with reasonable diligence. | Bobbin pursued the arbitration under statutory framework. | Prolonged inactivity and lack of action showed insufficient diligence. | No; court did not abuse discretion in dismissal for failure to prosecute. |
Key Cases Cited
- Fishman v. Middlesex Mut. Assurance Co., 4 Conn. App. 339 (Conn. App. 1985) (arbitration proceedings not civil actions for certain purposes; supports applicability of 14-3 here)
- A. Sangivanni & Sons v. F. M. Floryan & Co., 158 Conn. 467 (Conn. 1969) (arbitrations may be dismissed for lack of diligence under 14-3)
- Nickerson v. Gachim, 183 Conn. 413 (Conn. 1981) (abuse of discretion standard for 14-3 dismissal)
- Gionfrido v. Wharf Realty, Inc., 193 Conn. 28 (Conn. 1984) (principles on docket management and dismissal for delay)
- Millbrook Owners Assn., Inc. v. Hamilton Standard, 257 Conn. 1 (Conn. 2001) (policy of resolving disputes on the merits with procedural efficiency)