SCOTT v. FRANCIS

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Docket Number

A8412-07550; CA A46646; SC S37071

Attorney(S)

Patrick N. Rothwell, Portland, argued the cause for appellant. With him on the briefs was Hallmark, Keating Abbott, P.C., Portland. John Folawn, Portland, argued the cause for respondent. With him on the brief were Martin W. Jaqua and Holmes Folawn, Portland.

Judges

WARREN, J., concurring in part, dissenting in part.

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Glenn H. SCOTT and Esther Scott, Plaintiffs, v. Peter D. FRANCIS; PatrickH. LePley; Jack J. Ackerman; Francis, Lopez Lepley; and Francis, Lopez Ackerman, Defendants, Carl A. Taylor LOPEZ, Defendant -Respondent, and Jay R. JACKSON, Defendant — Appellant.

PER CURIAM

Reversed and remanded.

Warren, J., concurring in part; dissenting in part.

PER CURIAM

The Supreme Court granted review in this case and vacated our decisions, 311 Or. 151, 806 P.2d 129 (1991), after it was determined that there had been no final, appealable judgment entered in the trial court. On remand, pursuant to the Supreme Court's instructions, we granted the trial court leave to enter an appealable judgment. ORS 19.033(4). The trial court entered the judgment, and appellant has filed an amended notice of appeal.

Our opinion, 100 Or. App. 392, 786 P.2d 1269 (1990), as modified on reconsideration, 104 Or. App. 39, 798 P.2d 1111 (1990), is adopted and republished as the opinion of the court.

Reversed and remanded.

WARREN, J., concurring in part, dissenting in part.

I dissented in part in our original opinion. For the reasons stated there, I concur and dissent in part here.

Joseph, Chief Judge, and Rossman and Deits, Judges, join in this concurring and dissenting opinion.

Glenn H. SCOTT and Esther Scott, Plaintiffs, v. Peter D. FRANCIS; PatrickH. LePley; Jack J. Ackerman; Francis, Lopez Lepley; and Francis, Lopez Ackerman, Defendants, Carl A. Taylor LOPEZ, Defendant -Respondent, and Jay R. JACKSON, Defendant — Appellant.

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