DURHAM, Judge.
Plaintiff's civil action against defendant was referred to arbitration pursuant to ORS 36.400 et seq. The arbitrator held defendant in default as a sanction for a discovery violation and awarded damages and attorney fees to plaintiff on the merits of the dispute. Defendant appealed to circuit court for a de novo jury trial pursuant to ORS 36.425(2)(a). Plaintiff moved to dismiss the appeal on the ground that defendant's default in the...
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