In re the Marriage of Conley

1. This case is before the court on wife’s petition for review of the court’s order dismissing her appeal as untimely. The issue is whether a motion for a new trial under ORCP 64F is “determined” as of the date that the trial judge makes an oral ruling from the bench, as opposed to the date of his written order. We treat the petition as a petition for reconsideration. ORAP 10.10(1). We allow reconsideration and adhere to our previous decision.

The final judgment was entered on September 28, 1988. Wife filed a motion for new trial on October 4, 1988, within the 10-day period allowed by ORCP…