Plaintiff sued to recover uninsured motorist benefits under a policy issued by defendant. The trial judge allowed defendant’s motion to compel arbitration and entered a judgment dismissing the action. Plaintiff appeals from the judgment of dismissal. Defendant has moved for summary determination of appealability and to dismiss the appeal. We determine that we have jurisdiction and deny the motion to dismiss.

This court has jurisdiction, because a notice of appeal was timely filed from a judgment dismissing the action. ORS 19.010; Austin Mutual Ins. Co. v. Madril, 94 Or App 219, 221, 764 P2d 1378 (1988). However, it was error for the trial court to enter a judgment of dismissal. ORS 36.3151 requires that an action be abated rather than dismissed while arbitration proceeds, in order to prevent entry of an appealable judgment before completion of arbitration. 94 Or App at 222.

Motion to determine appealability allowed; motion to dismiss denied; judgment vacated; remanded with instructions to enter an order abating the action pending arbitration.