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DEACON v. GILBERT

(DCV986515; CA A106129)

995 P.2d 557 (2000)

164 Or. App. 724

Shauna DEACON, Respondent, v. Gary GILBERT and Stephanie Gilbert, Defendants, and David Woodruff, dba Woodruff Construction, Appellant.

Court of Appeals of Oregon.

January 5, 2000.

Attorney(s) appearing for the Case

R. Daniel Lindahl and John T. Kaempf, Portland, for appellant.

Alan Gladstone and Abbott, Davis, Rothwell, Mullin & Earle, P.C., Portland, for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and BREWER, Judges.

HASELTON, J.

Defendant1 appeals a judgment entered on an arbitration award, challenging only the trial court's denial of defendant's exceptions to the arbitrator's award of attorney fees to plaintiff. Plaintiff moves to dismiss the appeal, asserting that, under ORS 36.425(3), defendant's failure to file a notice of appeal and request for trial de novo of the action pursuant to ORS 36.425(2)(a) precludes defendant from challenging...

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