Michael v. Pugel

• Court: Oregon Court of Appeals
• Writing for the Court: PER CURIAM.
• Citation: Michael v. Pugel, 318 Or.App. 564, 505 P.3d 1108(Mem) (Or. App. 2022)
• Decision Date: 23 March 2022
• Docket Number: A173482
• Parties: Deanna MICHAEL, Plaintiff-Appellant, v. Rochelle PUGEL, Defendant, and Michael Kurz and Kurz Construction, LLC, an Oregon domestic limited liability company, Defendants-Respondents.

318 Or.App. 564

505 P.3d 1108 (Mem)

Deanna MICHAEL, Plaintiff-Appellant,

v. Rochelle PUGEL, Defendant,andMichael Kurz and Kurz Construction, LLC, an Oregon domestic limited liability company, Defendants-Respondents.

A173482

Court of Appeals of Oregon.

March 23, 2022

Thomas M. Christ and Sussman Shank LLP for petition.

Kevin T. Lafky, Amanda L. Reilly, and Lafky & Lafky for response.

Before Tookey, Presiding Judge, and Aoyagi, Judge, and Armstrong, Senior Judge.

PER CURIAM

We allow defendant Michael Kurz's petition for reconsideration in Michael v. Pugel , 316 Or. App. 786, 504 P.3d 1231 (2022), to modify a footnote at 316 Or. App. at 794 n. 8, 504 P.3d 1231. There we stated:

"Defendants contend, alternatively, that any error by the trial court in denying the motion is harmless because plaintiff has not established that she can state new claims against defendants that remedy the defects in the original dismissed pleading. Defendants will have an opportunity to make that argument to the trial court on remand."

We recognize that those sentences are a source of confusion for Kurz. We clarify that, contrary to Kurz's argument in his petition for reconsideration, we did not intend to direct the trial court on remand to consider whether its error was harmless. To avoid that implication, we revise the final paragraph of the footnote to read:

"Defendants contend, alternatively, that any error by the trial court in denying the motion is harmless because plaintiff has not established that she can state new claims against defendants that remedy the defects in the original dismissed pleading. Given the posture of this appeal—which turned

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