Moir v. Ozeruga

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 07-08-2021
  • Case #: A164566
  • Judge(s)/Court Below: Lagesen, P.J. for the Court; Powers, J.; & Kamins, J.
  • Full Text Opinion

A notice of appeal must be served and filed within 30 days after the judgment appealed from is entered in the register, the timeline is extended only for corrected portions and portions affected by the correction. There can only be one prevailing party for each claim for the purposes of claiming attorney fees.

Plaintiff alleged damages to their private property. Defendants counterclaimed interference with their easement caused by Plaintiff ripping up portions of pavement. Plaintiff appealed a corrected judgment challenging the equitable relief. Defendants claim that challenge is untimely as the corrected judgment did not alter the initial equitable relief granted. A notice of appeal must be served and filed within 30 days after the judgment appealed from is entered in the register, the timeline is extended only for corrected portions and portions affected by the correction. Neither party appealed the initial general judgment. The Court held that plaintiffs are limited to challenging only the corrected portions. The challenge to the equitable relief is not timely. Corrected judgment affirmed.

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