JRD Development Joint Venture v. Catlin

In their petition for reconsideration, plaintiffs argue that “the trial court vacated the judgment for reasons other than — and in addition to — [defendants’] fraud upon the court,” and that we erred when we reversed the trial court. The majority holds the issue raised by plaintiff does not merit discussion. Although I disagree with the statement that the issue does not merit discussion, I concur with the majority’s result.

After a trial to the court, the court entered judgment against plaintiffs on August 20, 1991. On August 23, 1991, they filed a motion to set aside the judgment under ORCP…