Green Seasons Turf & Trees, Inc. v. Shiva's Restaurant Corp.

Defendants1 appeal from an order denying their motion for relief from a judgment entered on an arbitration award. ORS 36.425. They contend that the court abused its discretion in refusing to set aside a judgment that was entered due to their “mistake, inadvertence, surprise or excusable neglect.” ORCP 71B(l)(a).

Plaintiffs assert that the order is not appealable because defendants did not request a trial de novo within the time permitted by ORS 36.425(2)(a) and therefore, by statute, the resulting judgment is final and not appealable. ORS 36.425(3) provides:

“If a written notice is not filed…