Meissner v. Diller

Plaintiff appeals the trial court’s order dismissing his complaint for breach of contract, foreclosure of a construction lien and other remedies. Respondents moved to dismiss pursuant to ORCP 54B(1),1 citing plaintiffs failure to initiate arbitration proceedings following the trial court’s order granting defendants’ motion to abate the action pending arbitration. ORS 33.240.2 We reverse.

In June, 1980, plaintiff filed this action. On February 8, 1983, the court granted defendants’ motion for abatement and entered an order, stating in pertinent part:

“Defendants’ motion for reconsideration is…