FOUNTAINCOURT v. FOUNTAINCOURT DEV.

(CC C075333CV, CA A147420; SC S062691).

380 P.3d 916 (2016)

360 Or. 341

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, Respondents on Review, v. American Family Mutual Insurance Company, Petitioner on Review.

Supreme Court of Oregon.

September 22, 2016.


Attorney(s) appearing for the Case

L. Kathleen Chaney , Lambdin & Chaney LLP, Denver, Colorado, argued the cause and filed the briefs for petitioner on review.

Anthony L. Rafel , Rafel Law Group PLLC, Portland, argued the cause and filed the brief for respondents on review. With him on the brief was Katie Jo Johnson , McEwan Gisvold LLP, Portland.

Michael E. Farnell , Parsons Farnell & Grien LLP, Portland, argued the cause and filed the brief for amici curiae Associated General Contractors — Oregon Columbia Chapter, Central Oregon Builders Association, Home Builders Association of Marion and Polk County, Home Builders Association of Metropolitan Portland, Independent Electrical Contractors of Oregon Inc, National Association of Home Builders, Northwest Utility Contractors Association, Oregon Home Builders Association, Pacific Northwest Chapter of the Associated Builders and Contractors Inc, and Professional Remodelers Organization of the HBA of Metropolitan Portland. With him on the brief was Steven R. Powers .

Bronson James , Bronson James LLC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Thomas M. Christ , Cosgrave Vergeer Kester LLP, Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Nakamoto, Justices.


American Family Mutual Insurance Company (AFM) seeks review of a decision of the Court of Appeals that upheld a trial court judgment in a garnishment proceeding requiring AFM to pay a judgment that plaintiffs FountainCourt Homeowners' Association and FountainCourt Condominium Owners' Association (FountainCourt) had obtained against AFM...

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