Guenther v. Martinez

Because I disagree with the majority’s unsupported, albeit compassionate, circumvention of the rules of civil procedure, I dissent. What the trial court did was try the case anew. For that reason, the pertinent analysis is under ORCP 64.

Judgment was originally entered on February 2,1988. Defendant filed a notice of appeal on February 28; plaintiff filed a notice of cross-appeal on March 9. The appeal and cross-appeal were timely. ORS 19.026(1) and (3). Before the notice of appeal was filed, plaintiff had initiated a proceeding in the trial court to have defendant held in contempt for her…