City of Portland v. One 1973 Chevrolet Corvette Convertible L82, or LIC 3TT3V, C-712825

• Decision Date: 10 June 1992
• Docket Number: C-712825
• Citation: 113 Or.App. 469,833 P.2d 1285
• Parties: CITY OF PORTLAND, a political subdivision of the State of Oregon, Appellant, v. ONE 1973 CHEVROLET CORVETTE CONVERTIBLE L82, OR LIC 3TT3V; Hitachi Portable Telephone, Defendants in Rem, and Noe Tovar Gonzales, Respondent. 90-; CA A70609.
• Court: Oregon Court of Appeals

Page 1285

833 P.2d 1285

113 Or.App. 469

CITY OF PORTLAND, a political subdivision of the State of Oregon, Appellant, v. ONE 1973 CHEVROLET CORVETTE CONVERTIBLE L82, OR LIC 3TT3V Hitachi Portable Telephone, Defendants in Rem and Noe Tovar Gonzales, Respondent.

90-C-712825; CA A70609.

Court of Appeals of Oregon.

Argued and Submitted April 22, 1992.

Decided June 10, 1992.

Amy Holmes Hehn, Deputy Dist. Atty., Portland, argued the cause for appellant. With her on the brief was Multnomah County Dist. Atty's Office, Portland.

Constance Crooker, Portland, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

City of Portland (City) appeals from a judgment in favor of claimant in a civil forfeiture action. Or.Laws 1989, ch. 791. ¹ Claimant contends that the appeal is moot.

City seized claimant's car and cellular telephone after he was arrested for possession of a controlled substance. After he received a notice of seizure for forfeiture, claimant filed a claim for the return of the property. The trial court held for claimant, ordered that the property be returned to him and awarded a judgment against City for claimant's attorney fees and costs. ² City returned the car and telephone to claimant and paid the judgment. ³

A voluntary satisfaction of a judgment generally forecloses an appeal from the judgment by the satisfying party. Washington v. Cleland, 49 Or. 12, 14, 88 P. 305 (1907). Even if City is correct that it was required to return claimant's property, it did not use available statutory procedures to stay enforcement of the judgment for attorney fees pending appeal. Therefore, its payment of the judgment was voluntary. See Lord v. Pettibon, 102 Or.App. 607, 795 P.2d 607 (1990). The appeal is moot.

Appeal dismissed.

1 Oregon Laws 1989, chapter 791, sections 1 to 14 and 22, as amended by Oregon Laws 1991, chapters 218, 237, 276, 291, 800 and 924, provide that they will stand repealed on December 31, 1993. Those provisions have not been codified.

2 Or. Laws 1989, ch. 791, § 9(6) (since amended by Or. Laws 1991, ch. 322, § 2) provides, in part:

"On entry of judgment for a claimant in any proceeding to forfeit property under this Act, unless the court has foreclosed one or more security interests or liens covering the property, such property or interest in property shall be returned or conveyed immediately to the claimant designated by the court:

" * * * * *

"(b) If the court finds that there...