Legal Opinion · Dissent

Thompson v. Tlat, Inc.

Court of Appeals of Oregon

Decided May 3, 2006No. CV-030241; A129320Published

1DissentBrewer, C. J.

I agree with the majority that plaintiffs motion for reconsideration and reinstatement of his appeal raises the single issue of whether a judgment that is nonappealable because of the pendency of a timely filed motion for new trial or judgment notwithstanding the verdict (JNOV) is nevertheless enforceable. Like the majority, I would grant reconsideration, but, unlike the majority, I would hold that a judgment that temporarily is nonappealable because of the pendency of a motion for new trial and motion for JNOV also is unenforceable. Accordingly, I would reaffirm the order of dismissal.

The…

2Cases cited5 opinions

  1. Welker Ex Rel. Bradbury v. Teachers Standards & Practices CommissionOregon Supreme Court · 2001
  2. Grijalva v. Safeco Insurance Co. of AmericaCourt of Appeals of Oregon · 1998
  3. Grijalva v. Safeco Insurance Co. of AmericaOregon Supreme Court · 1999
  4. Gull Industries, Inc. v. Mustang Gas & Oil Co.Court of Appeals of Oregon · 1985
  5. Frank v. MatthiesenOregon Supreme Court · 1925

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