Deacon v. Gilbert

Defendant 1 appeals a judgment entered on an arbitration award, challenging only the trial court’s denial of defendant’s exceptions to the arbitrator’s award of attorney fees to plaintiff. Plaintiff moves to dismiss the appeal, asserting that, under ORS 36.425(3), defendant’s failure to file a notice of appeal and request for trial de novo of the action pursuant to ORS 36.425(2)(a) precludes defendant from challenging the court’s disposition with respect to attorney fees. Plaintiff relies particularly on Loving v. Portland Postal Employees Credit Union, 124 Or App 373, 862 P2d 556 (1993). We…