Benavente v. Thayer

FLYNN, J. pro tempore

Plaintiff appeals from a corrected general judgment1 and from a supplemental judgment awarding attorney fees, which the trial court entered after plaintiff accepted defendant’s offer to allow judgment, pursuant to ORCP 54 E. The challenged judgments reflect the trial court’s post-acceptance ruling allowing defendant to use the interpleader process of ORCP 31 to resolve third-party interests in the settlement and ordering plaintiff to pay defendant’s attorney fees. Plaintiff contends that the court exceeded its authority under ORCP 54 E by “hearing and then granting”…