Friedman v. Christy

Defendant appeals from a judgment on a trial de novo following mandatory court-annexed arbitration. ORS 36.400 et seq. She asserts, principally, that the court erred in awarding attorney fees against her, ORS 36.425(4)(b) (1995), and in failing to order the return of her $150 filing fee, ORS 36.425(2)(c) (1995), based on its determination that her “position * * * [was] not improved” after judgment on the trial de novo. ORS 36.425 (1995). We agree with defendant that the trial court erred when, in comparing the results of the arbitration and the trial de novo, it took into consideration…