MA-SA Construction, LLC and Murat Aslansan v. Benjamin Tropp and Jessica Donahue Tropp

Summary

The Pennsylvania Superior Court held that a spouse who was not joined as a plaintiff in an arbitration concerning renovation work on marital entireties property was not an indispensable party. The court also held that the Revised Statutory Arbitration Act imposes separate jurisdictional deadlines for motions to vacate and motions to modify or correct arbitration awards. It remanded for the trial court to determine which issues sought vacatur or modification and whether the vacatur claims were timely.

Holdings

1. Jessica Tropp was not an indispensable party to Benjamin Tropp's action against appellants for breach of a contract to improve entireties property because the action benefited both spouses and no evidence rebutted Benjamin's presumed authority to act for Jessica.
2. The Revised Statutory Arbitration Act's deadlines for filing a motion to vacate or a motion to modify or correct an arbitration award are jurisdictional and must be strictly observed.
3. The record was insufficient to determine whether the portions of appellants' petition seeking vacatur were timely, although the petition was timely to the extent it sought modification.

Questions Presented

1. Whether Jessica Tropp was an indispensable party whose nonjoinder deprived the arbitrator or court of subject matter jurisdiction.
2. Whether appellants timely filed their petition to vacate or modify the arbitration award under the Revised Statutory Arbitration Act.
3. Whether the statutory deadlines for motions to vacate and motions to modify or correct an award are jurisdictional.
4. Whether the case should be remanded for the trial court to determine which claims sought vacatur or modification and when appellants received notice of the award.

Disposition

remanded