Tavera v. Southland Corp.

Plaintiff appeals from an order granting defendants’ motion for mistrial and ordering plaintiff, as a condition for continuing the case, to reimburse defendants’ costs and attorney fees. Plaintiff filed her notice of appeal before the court established a specific amount of those costs and attorney fees; the court took no further action after the appeal was filed. We hold that the order is not appealable and therefore dismiss the appeal.

An order granting a mistrial is generally not an appealable order. Heath v. Armore, 208 Or 533, 302 P2d 1017 (1956). Plaintiff argues, however, that the order…