FOUNTAINCOURT HOMEOW. v. FOUNTAINCOURT DEV.

C075333CV; A147420.

334 P.3d 973 (2014)

264 Or. App. 468

FOUNTAINCOURT HOMEOWNERS' ASSOCIATION and FountainCourt Condominium Owners' Association, Plaintiffs, v. FOUNTAINCOURT DEVELOPMENT, LLC; et al., Defendants. FountainCourt Development, LLC; et al., Third-Party Plaintiffs, v. Advanced Surface Innovations, Inc., an Oregon corporation; et al., Third-Party Defendants. Voss Framing, Inc., assignee for FountainCourt Homeowners' Association, assignee for FountainCourt Condominium Owners' Association, on behalf of FountainCourt Development, LLC, on behalf of Matrix Development Corporation, and on behalf of Legend Homes Corporation, Fourth-Party Plaintiff, v. Dana Christopher; and Red Hills Construction, Inc., Fourth-Party Defendants. FountainCourt Homeowners' Association and FountainCourt Condominium Owners' Association, Garnishors-Respondents, v. American Family Mutual Insurance Company, Garnishee-Appellant.

Court of Appeals of Oregon.

Decided August 6, 2014.


Attorney(s) appearing for the Case

Todd S. Baran argued the cause and filed the briefs for appellant.

Anthony L. Rafel argued the cause for respondents. With him on the brief were Rafel Law Group PLLC, and Robert L. O'Halloran , Katie Jo Johnson , and McEwen Gisvold LLP.

Michael E. Farnell , Sean W. Carney , and Parsons Farnell & Grein, LLP, filed the brief amici curiae for Associated General Contractors of America, Oregon-Columbia Chapter; Pacific Northwest Chapter of the Associated Builders and Contractors Inc.; Home Builders Association of Metropolitan Portland; Professional Remodelers Organization of the HBA of Metro Portland; and Independent Electrical Contractors of Oregon, Inc.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.


ARMSTRONG, P.J.

This appeal arises from a garnishment proceeding in which FountainCourt Homeowners' Association and FountainCourt Condominium Owners' Association (collectively, FountainCourt1) alleged that American Family Mutual Insurance Company (American Family) was legally obligated to pay the unsatisfied portion of a judgment that FountainCourt had recovered against Sideco, Inc. (Sideco), American Family's insured. The trial court...

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