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Garrett Hemann Robertson, P.C. v. Winn

Summarized by: 

Date Filed: 10-09-2013
Case #: A150118
Sercombe, P.J. for the Court; Haselton, C.J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A150118.pdf

Contract Law: Arbitration exception orders are not appealable under any provision of law

Amber Rene Winn (Winn) appealed from an order granting Garrett Hemann Robertson, P.C.’s (Robertson) motion to be exempted from mandatory arbitration. Robertson law firm represented Winn in her dissolution of marriage and subsequently owed Hermann attorney fees at the end of representation. Hermann filed a complaint alleging a breach of contract claim for $16,159.85 and an action to foreclose an attorney lien on real property. The trial court entered an order referring the action to court-mandated arbitration based on the previous holding in Garrett Hemann Robertson PC v. Worden in which the court stated, “the {arbitration exemption] order is not appealable under either ORS 19.205 or ORS 36.730, or any other provision of law”. This court has concluded that he appeal should be dismissed because an order upholding an exemption from arbitration is not appealable. Appeal dismissed.