A trial judge could not enter judgment against the defendants in a property dispute for not showing up to an arbitration hearing because the defendants’ counterclaims had already effectively removed the case from arbitration, the state Superior Court has ruled.
On Wednesday, the three-judge panel in Pellegrino v. Katulka vacated a $12,211 judgment in favor of plaintiff Linda Pellegrino handed down by the Delaware County Court of Common Pleas. The panel also decided to reverse the trial court’s judgment of nonsuit against defendants Phillip Katulka and Genevieve Fox.
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