Portland Trailer & Equipment v. A-1 Freeman Moving

FILED: June 28, 2000

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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)

Appeal from Circuit Court, Multnomah County.

Roosevelt Robinson, Judge.

On respondent Robertson's petition for reconsideration filed May 2, 2000. Opinion filed April 19, 2000, 166 Or App 651, ___ P2d ___ .

David C. Landis for petition.

Before Landau, Presiding Judge, and Linder and Brewer, Judges.

BREWER, J.

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, ___P2d ___ (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:

"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.