McCorquodale v. Oxford House, Inc.

Under ORCP 15 D, a court “may, in its discretion, and upon any terms as may be just, allow any pleading to be made, or allow any motion after the time limited by the procedural rules.”

In plaintiff’s civil action for damages against Oxford House, Inc. (OHI), his motion for entry of judgment based on the arbitration award was denied and OHI’s appeal was permitted over plaintiff’s objection that OHI’s filings were untimely. Plaintiff assigns error to the trial court’s conclusion that OHI had shown “good cause” for “extra time” in filing the notice of appeal based on an inaccurate certificate of service issued by the arbitrator. Plaintiff argues the trial court abused its discretion because “good cause” was not shown. Under ORCP 15 D, a court “may, in its discretion, and upon any terms as may be just, allow any pleading to be made, or allow any motion after the time limited by the procedural rules.” The Court determined that the confusion surrounding the arbitrator’s certificate of service did not constitute “good cause” because OHI had actual knowledge of the arbitration award in plaintiff’s favor prior to the expiration of the 20-day window to file a notice of appeal. Because OHI failed to establish good cause for the enlargement of time to file its notice of appeal, the trial court abused its discretion by granting “extra time”. Reversed and remanded.