Htaike v. Sein

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law:
  • Date Filed: 12-06-2017
  • Case #: A161094
  • Judge(s)/Court Below: Powers, J. for the Court; DeVore, P.J. & Garrett, S.J.

Defendants, Sein, sought review of the trial court’s judgment entered after a remand from the Court of Appeals where it determined that the trial court had erred in granting summary judgment for defendants under the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO) because the statute of limitations had not run. On remand, Plaintiffs, Htaike, submitted a motion to modify the general judgment and requested the trial court to enter a judgment on the ORICO claims on their behalf, which Sein naturally opposed. The trial court granted Htaike’s motion without further proceedings. On appeal, Sein argued that the trial court erred when it entered the corrected judgment without allowing them an opportunity to be heard and present evidence on the ORICO claim. Sein argued the graveman of the court’s error resulted in the depravation of their day in court. The Court of Appeals agreed with Sein and found that the trial court erred when it entered the corrected general judgment without providing Defendants the opportunity to present, defend, and argue their ORICO claim. Reversed and remanded. 

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