Harvey v. Christie

Plaintiff appeals the trial court’s judgment dismissing his civil case; according to the trial court, plaintiffs appeal to the circuit court from an arbitrator’s decision was not timely. Plaintiff, asserts that, because the arbitrator served the decision on the parties by mail, ORCP 10 C required the court to add three days to the time in which plaintiff was required to file his notice of appeal, and, had the court done so, the appeal would have been timely. Plaintiff, an inmate in a corrections institution, also contends that the appeal was timely because of the “prisoner mailbox rule,”…