Subject Matter Jurisdiction; Statutory Prohibition Exceptions Against Appeals
Peter Max v. Great American Security Insurance Co., No. A-42-19, 2021 WL 922106 (N.J. Super. Ct. App. Div. Mar. 11, 2021)
In Peter Max v. Great American Security Insurance Co., the New Jersey Appellate Division dismissed an appeal from an order confirming an appraisal award issued in accordance with the New Jersey Alternative Procedure for Dispute Resolution Act. The trial court denied the plaintiffs’ application to modify the appraisal award, finding no evidence that the umpire made any factual or legal errors in rendering the award. On appeal, the appellate division concluded that it lacked subject matter jurisdiction over the matter as appellate review under the Act was statutorily prohibited. The appellate division further found that the plaintiffs had failed to trigger any of the limited exceptions to the statutory prohibition against appeals from judgments confirming appraisal awards.
The decision can be read here.