Pine Ridge Park v. Fugere

Defendant appeals from the denial of her motion to quash a notice of restitution in this forcible entry and detainer (FED) action. This case poses the issue whether the filing of a supersedeas undertaking on appeal pursuant to ORS 19.335(2) tolls the 60-day limit on issuance of process to enforce a judgment for restitution of premises under ORS 105.159(3). We affirm.

Defendant was a tenant in a manufactured home park owned by plaintiff. Plaintiff sent defendant a notice to vacate the premises, and, after a trial, the court entered a judgment of restitution of the premises in favor of plaintiff…