Assisted Living Concepts, Inc. v. Fellows

Appellant, Assisted Living Concepts, Inc. (ALC), which is not a party in the underlying probate proceeding, appeals from an order of the probate court denying its motion to quash a subpoena duces tecum and granting the personal representative’s motion to compel discovery. We conclude that the probate court’s order is not appealable — and, specifically, that ORS 19.205(2) is inapposite. Accordingly, we dismiss the appeal for lack of jurisdiction.

The material procedural facts are undisputed. This probate proceeding was initiated in July 2007, after the decedent had died while residing at ALC’s…