PORTLAND TRAILER & EQUIPMENT, INC. v. A-1 FREEMAN MOVING & …

• Decision Date: 28 June 2000
• Parties: PORTLAND TRAILER & EQUIPMENT, INC., an Oregon corporation; and Tom Beason, an individual, Appellants, v. A-1 FREEMAN MOVING & STORAGE, INC., an Oklahoma corporation; and Rob F. Robertson, an individual, Respondents.
• Court: Oregon Court of Appeals

4 P.3d 741

168 Or. App. 654

PORTLAND TRAILER & EQUIPMENT, INC., an Oregon corporation; and Tom Beason, an individual, Appellants, v. A-1 FREEMAN MOVING & STORAGE, INC., an Oklahoma corporation; and Rob F. Robertson, an individual, Respondents.

(9805-03819; CA A104316)

Court of Appeals of Oregon.

June 28, 2000.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

Reconsideration allowed; opinion modified and adhered to as modified.

BREWER, J.

Pursuant to ORAP 6.25, defendant Robertson petitions for reconsideration of our opinion, Portland Trailer & Equipment, Inc. v. A-1 Freeman Moving, 166 Or.App. 651, 5 P.3d 604 (2000), in which we concluded that Oregon courts have personal jurisdiction over defendants pursuant to ORCP 4 L in this action. Defendant Robertson requests that we delete the bracketed language from the following sentences, 166 Or.App. at 653-54, 5 P.3d 604:

"Plaintiffs prevailed in the arbitration proceeding [and were awarded their attorney fees by the arbitrator]. Freeman requested trial de novo but ultimately dismissed the Oklahoma action without prejudice. [Under Oklahoma law, the dismissal effectively deprived plaintiffs of the attorney fees awarded by the arbitrator.]"

Plaintiffs and defendant Freeman have stipulated to the deletion. Therefore, we allow the petition and delete the language that is bracketed above.

Reconsideration allowed; opinion modified and adhered to as modified.