ASSISTED LIVING CONCEPTS, INC. v. FELLOWS

070791139; A141912.

260 P.3d 726 (2011)

244 Or. App. 475

In the Matter of the Estate of Dorothy J. Drury, Deceased. ASSISTED LIVING CONCEPTS, INC., Appellant, v. Douglas M. FELLOWS, Personal Representative of the Estate of Dorothy J. Drury, Deceased, Respondent.

Court of Appeals of Oregon.

Decided July 27, 2011.


Attorney(s) appearing for the Case

Thomas W. Sondag , Portland, argued the cause for appellant. With him on the briefs was Lane Powell PC.

Patrick L. Block , Portland, argued the cause for respondent. With him on the brief was Rogers & Block, LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


HASELTON, P.J.

Appellant, Assisted Living Concepts, Inc. (ALC), which is not a party in the underlying probate proceeding, appeals from an order of the probate court denying its motion to quash a subpoena duces tecum and granting the personal representative's motion to compel discovery. We conclude that the probate court's order is not appealable—and, specifically, that ORS 19.205(2) is inapposite.1 Accordingly, we dismiss...

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