Varga v. Hebern
In Varga v. Hebern, 116 Ariz. 539, 570 P.2d 226 (App. 1977), the plaintiff filed a notice of appeal from the arbitrator's denial of his claim for damages. Id.
The notice of appeal was timely, but the cost bond was untimely. Id. at 540-41, 570 P.2d at 227-28.
The plaintiff then learned of the error and moved for leave to make an untimely payment of the cost bond. Id. at 541, 570 P.2d at 228.
The superior court denied the motion. Id. at 541, 570 P.2d at 228.
The court of appeals held that the superior court could not rely on Rule 6(b) to extend the time to file a cost bond on an appeal from arbitration. Id. at 541, 570 P.2d at 228.
The court of appeals reasoned that the plain language of Rule 6(b) does not apply to the requirement to timely file a cost bond to appeal from compulsory arbitration and that the situation was analogous to the then-existing rule that untimely cost bonds for appeals from the superior court to the court of appeals were jurisdictionally defective. Id. at 541, 570 P.2d at 228.