Averill v. Red Lion

Decision Date12 May 1993
Citation850 P.2d 1173,120 Or.App. 232
PartiesAlyse A. AVERILL, Appellant, v. RED LION, a California Limited Partnership, formerly known as R.L. Acquisition Company, Respondent. A8812-06591; CA A65842.
CourtOregon Court of Appeals

Kathryn H. Clarke, Portland, for motion.

Before ROSSMAN, P.J., and DE MUNIZ and LANDAU, JJ.


Plaintiff requests clarification of our opinion. 118 Or.App. 298, 846 P.2d 1203 (1993). In that opinion, we reversed and remanded "for entry of judgment on the verdict" in plaintiff's favor. Plaintiff points out that a judgment on the verdict in her favor already was entered on May 4, 1990. That judgment was superseded by the judgment n.o.v., entered June 20, 1990, which we ordered must be set aside. Rather than enter a new judgment in plaintiff's favor, she argues, we should order the trial court to set aside its June 20, 1990, judgment and to reinstate the original May 4, 1990, judgment.

Plaintiff is correct. Pearson v. Schmitt, 260 Or. 607, 609, 492 P.2d 269 (1971); Brewer v. Erwin, 70 Or.App. 709, 714, 690 P.2d 1122 (1984), mod. 75 Or.App. 132, 705 P.2d 242 (1985).

Motion for clarification granted. Opinion clarified by directing the trial court to vacate the judgment n.o.v. entered June 20, 1990, and to reinstate the judgment in plaintiff's favor entered May 4, 1990.

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2 cases
  • Weatherspoon v. Allstate Ins. Co.
    • United States
    • Oregon Court of Appeals
    • 12 d3 Maio d3 2004
    ...183, 188, 193 P. 909 (1920). Defendant relies on our holding in Averill v. Red Lion, 118 Or.App. 298, 846 P.2d 1203, clarified by 120 Or.App. 232, 850 P.2d 1173, rev. den., 317 Or. 271, 858 P.2d 1313 (1993), in support of its argument that a failure to file a statement of attorney fees with......
  • State v. Stewart
    • United States
    • Oregon Court of Appeals
    • 12 d3 Maio d3 1993

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