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GREEN SEASONS TURF v. SHIVA'S RESTAURANT

DCV92-5047; CA A78566.

864 P.2d 1345 (1993)

125 Or. App. 227

GREEN SEASONS TURF & TREES, INC., and Steven E. Ethington, Respondents, v. SHIVA'S RESTAURANT CORP., c/o Paul Shiva, President, Paul Shiva and Negin Javidpoor, Appellants, SHIVA'S RESTAURANT CORP., c/o Paul Shiva, President, Paul Shiva and Negin Javidpoor, Appellants, v. GREEN SEASONS TURF & TREES, INC., and Steven E. Ethington, Respondents.

Court of Appeals of Oregon.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Frank S. Wesson, Portland, argued the cause and filed the brief for appellants.

Kathie F. Steele, Oregon City, argued the cause and filed the brief for respondents.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

DURHAM, Judge.

Defendants1 appeal from an order denying their motion for relief from a judgment entered on an arbitration award. ORS 36.425. They contend that the court abused its discretion in refusing to set aside a judgment that was entered due to their "mistake, inadvertence, surprise or excusable neglect." ORCP 71B(1)(a).

Plaintiffs assert that the order is not appealable because defendants did not request a trial de novo...

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