Opinion
Nos. 9805-03819; CA A104316
Filed: June 28, 2000
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, 5 P.3d 604.
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.
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.2d 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:
"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.