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Appeals court weighs arbitration‑appeal and 'defective verdict' issues in Callas Pobrito v. Balu
Summary
The Court of Appeals considered whether a litigant may appeal after a statutory 03/21 arbitration followed by a de novo district trial and separately whether a trial judge’s reinstruction to correct a defective or incomplete jury verdict was neutral or coercive; the court took the case under advisement.
The Utah Court of Appeals heard argument in Callas Pobrito v. Balu on two principal issues: (1) whether the appellate court has jurisdiction to entertain an appeal following a district‑court de novo trial that arose from a statutory 03/21 arbitration provision and (2) whether the trial court mishandled a defective or incomplete jury verdict and improperly influenced the jury when attempting to correct it.
Appellant counsel first urged the panel to treat the question of appealability as a predicate jurisdictional matter. Counsel stressed the statutory nature of the right to appeal and urged caution in expanding appeal rights from what the legislature specified for certain arbitration schemes.
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