In a lawsuit over defective materials, a Florida appeals court has reversed a trial court’s denial of a motion to vacate a $5.25 million arbitration award after defense counsel successfully argued that his secretarial staff was at fault for missing a filing deadline.

Following an arbitrator’s $5.25 million award to a plaintiff, the defense failed to request a trial de novo due to what the court termed a “calendaring error” by defense counsel’s secretarial staff. The plaintiff, Glasshape Manufacturing, sued Polymer Extrusion Technology over defective resin which caused discolored glass after exposure to UV rays. Glasshape asserted three counts for breach of implied warranty of merchantability, breach of implied warranty of fitness, and common-law indemnification, according to the opinion.

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