SNIDER v. PRODUCTION CHEMICAL MFG., INC.

(CC 0502-01434; CA A131621; SC S056494).

230 P.3d 1 (2010)

348 Or. 257

Garland SNIDER, Respondent on Review, v. PRODUCTION CHEMICAL MANUFACTURING, INC., a California corporation, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided April 29, 2010.


Attorney(s) appearing for the Case

Timothy R. Volpert, Davis Wright Tremaine LLP, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Marlin Ard, Sisters.

Richard A. Carlson, Drakulich & Carlson PC, Lake Oswego, argued the cause and filed the brief for respondent on review.

Scott A. Shorr, Stoll Stoll Berne Lokting & Shlachter PC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.


KISTLER, J.

ORS 36.730 provides that an appeal "may be taken" from an interlocutory order denying a petition to compel arbitration. In this case, defendant did not take an appeal pursuant to that statute. Instead, defendant appealed from the general judgment and, as part of that appeal, assigned error to the trial court's order denying its petition to compel arbitration. The Court of Appeals held that it did not have jurisdiction to consider defendant's assignment...

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