Markus v. Clark

JOSEPH, S. J.

Plaintiffs brought this contract action against defendants. The dispute went to mandatory arbitration, in which plaintiffs prevailed. Defendants then filed a notice of appeal and a request for trial de novo pursuant to ORS 36.425(2)(a). In the trial without a jury, defendants did not challenge the sufficiency of plaintiffs’ complaint, made no objections to any evidence and did not move for dismissal pursuant to ORCP 54 B(2) at the close of plaintiffs’ case in chief.1 The court found for plaintiffs and gave them a judgment in the amount awarded by the arbitrator and a supplemental…