Lamonts Apparel, Inc. v. SI-Lloyd Associates

The jury returned a verdict in favor of plaintiff in this case concerning the parties’ rights under a commercial lease. The court thereafter granted defendant’s motion for judgment notwithstanding the verdict, and plaintiff appeals. We are unable to decide the merits of the appeal at this time, because we do not know whether defendant filed the motion for judgment notwithstanding the verdict within 10 days after the entry of judgment, as ORCP 63 D requires. On its face, the motion was untimely, but the trial court granted defendant’s motion under ORCP 71A to show that defendant filed the…