Jansen v. Atiyeh

Defendants appeal a judgment denying their ORCP 71 motion for relief from i supplemental judgment awarding plaintiffs attorney fees. The trial court concluded that our decision in Jansen v. Atiyeh, 89 Or App 557, 749 P2d 1230, rev den 305 Or 576 (1988) (Jansen III), compelled denial of that motion. We reverse and remand.

This case has been before us on three occasions. We restate the relevant procedural facts from the Supreme Court’s opinion in Jansen v. Atiyeh, 302 Or 314, 316-17, 728 P2d 1382 (1986) (Jansen I):

“(1) The trial court entered its decree and injunction [in favor of plaintiffs] on…