Legal Opinion

Benj. Franklin Federal Savings & Loan Ass'n v. Phillips

Court of Appeals of Oregon

Decided November 18, 1987No. A8510-06370; CA A43585PublishedCited by 9 opinions

1Opinion of the CourtYoung, J.

This is an interpleader action. Plaintiff was awarded a judgment on the pleadings, which was entered pursuant to ORCP 67B. Only defendant Luva Phillips appeals. The issue is whether the trial court abused its discretion when it allowed plaintiff to amend its complaint in order to plead an entitlement to attorney fees as provided by ORCP 68C. We affirm.

Plaintiff alleged in the complaint that it held certain funds in trust and that defendants had made conflicting claims to the funds. Defendant answered and claimed an interest in the funds. Thereafter, plaintiff moved for judgment on the…

2Cases cited8 opinions

  1. Gresham State Bank v. O & K Construction Co.Oregon Supreme Court · 1962
  2. Contractors, Inc. v. Form-Eze Systems, Inc.Court of Appeals of Oregon · 1984
  3. UNITED STATES NAT. BANK OF OREGON v. SmithOregon Supreme Court · 1981
  4. State Department of Human Resources v. StrasserCourt of Appeals of Oregon · 1987
  5. Parkhurst v. FaesslerCourt of Appeals of Oregon · 1983

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3Cited by9 opinions

  1. Crandon Capital Partners v. ShelkCourt of Appeals of Oregon · 2008
  2. Htaike v. SeinCourt of Appeals of Oregon · 2015
  3. Kaste v. Land O'Lakes Purina Feed, LLCCourt of Appeals of Oregon · 2017
  4. Hall v. FoxCourt of Appeals of Oregon · 1991
  5. FountainCourt Homeowners' Ass'n v. FountainCourt Development, LLCCourt of Appeals of Oregon · 2014

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