Frazer Ryan Goldberg & Arnold, LLP v. Mayne, No. 1 CA-CV 24-0706 (App. Div. I, November 19, 2025) (J. Gass) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/1%20CA-CV%2024-0706%20Frazer%20Ryan%20v.%20Mayne%20et%20al%20OP%20(1).pdf

REVISED UNIFORM ARBITRATION ACT REQUIRES MOTION TO VACATE WITHIN 90 DAYS TO PRESERVE RIGHT TO CONTEST ARBITRATION AWARD OR  VALIDITY OF ARBITRATION CLAUSE IN FEE CONTRACT AND FAILURE TO TIMELY MOVE TO VACATE PRECLUDES A RULE 60 MOTION FOR RELIEF FROM A FINAL JUDGMENT

The Frazer law firm represented the defendant Mayne in a matter involving her mother's trust. She never paid Frazer's fees or costs. Frazer invoked the arbitration clause in their fee agreement. Mayne ultimately contested the enforceability of the arbitration provision in the fee contract but failed to attend the arbitration hearing where Frazer was awarded all the relief sought. Mayne did not move to vacate the award within 90 days as required by A.R.S. § 12-1513.A. Frazer then filed this action in superior court to reduce the award to a final judgement. Mayne argued she was not bound by the agreement to arbitrate. The Maricopa County Superior Court ruled against Mayne finding her failure to move to vacate the award within 90 days precluded the court from considering whether the arbitration award was binding and entered final judgment in favor of Frazer.  Over three months later and past the time to perfect an appeal, Maynes moved for relief from the judgment under Rule 60(b) Ariz. R. Civ. Pro. claiming mistake, inadvertence, surprise, or excusable neglect. The trial court denied the motion. Maynes appeals that denial and the Arizona Court of Appeals affirmed the trial court.

In 1962, Arizona adopted its original arbitration act, Arizona's Uniform Arbitration Act., A.R.S. §§ 12-1501 to -1518. In 2011, Arizona's legislature enacted Arizona's Revised Uniform Arbitration Act. A.R.S. §§ 12-3001 to -3029. The revised act does not apply to agreements entered before January 1, 2011. The 2011 act does however apply here and, unlike the original arbitration act, requires a party contesting an arbitration award file a motion to vacate within 90 days of an award being issued. The court has no jurisdiction to consider Mayne's Rule 60(b) objection to the award having failed to meet that 90 day deadline.