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