EDMUNDS v. EDMUNDS

0107-91176; A117496.

64 P.3d 1189 (2003)

186 Or. App. 585

In the Matter of the Joan Edmunds Living Trust. Andre Allen EDMUNDS, Appellant, v. Tina Marie EDMUNDS, Respondent.

Court of Appeals of Oregon.

Decided March 6, 2003.


Attorney(s) appearing for the Case

Joel S. DeVore argued the cause for appellant. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C.

Paul G. Dodds, Portland, argued the cause for respondent. With him on the brief was Brownstein, Rask, Sweeney, Kerr, Grim, DeSylvia & Hay, LLP.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.


EDMONDS, P.J.

Petitioner appeals a judgment dismissing his petition to remove respondent as trustee of a trust established by the parties' deceased mother. Both parties are beneficiaries of the trust. The issue is whether a clause in an arbitration agreement that required petitioner to file an arbitration petition within 30 days was enforceable after respondent failed to comply with certain time provisions in the agreement...

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