Monroe v. Harmon

Defendant appeals from a judgment that dismissed his appeal from an arbitration award and denied his request for a trial de novo. We conclude that the district court erred by entering judgment against defendant as a sanction for his failure to participate in mandatory court-annexed arbitration. The court lacked authority to sanction defendant by dismissing his appeal and denying his request for trial de novo, because defendant had an absolute right to a trial de novo under ORS 36.425. Accordingly, we reverse and remand.

The relevant facts are not in dispute. Plaintiff filed a complaint against…