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MICEK v. LeMASTER

81-3-14; CA A30011.

692 P.2d 652 (1984)

71 Or.App. 361

Lynn Hall MICEK, Appellant, v. Glenn Alba LeMaster, Defendant, Hal Leonard, Respondent.

Court of Appeals of Oregon.

Decided December 19, 1984.

Reconsideration Denied February 15, 1985.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause for appellant. With him on the briefs were Deanne L. Darling, and Hutchison, Hammond & Walsh, Oregon City.

James R. Carskadon, Jr., Milwaukie, argued the cause for respondent. With him on the brief was Redman, Carskadon, Knass & Kelly, Milwaukie.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

The issue is whether an order granting defendant's1 motion for judgment notwithstanding the verdict is void because it was not heard and determined within 55 days of the entry of judgment as required by ORCP 63D. We hold that the order is void and reverse and remand with instructions to reinstate the judgment for plaintiff.

On June 2, 1983, judgment was entered for plaintiff following a jury verdict...

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