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PROPP v. LONG

CC A8907-04326; CA A67455; SC S38277.

831 P.2d 685 (1992)

313 Or. 218

Norma Jean PROPP, Petitioner on Review, v. Terry LONG, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided May 21, 1992.

Attorney(s) appearing for the Case

Joel S. DeVore, of Luvaas, Cobb, Richards & Fraser, P.C., Eugene, argued the cause and filed the petition for petitioner on review.

Janet M. Schroer, of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed a response for respondent on review.

FADELEY, Justice.

The trial court entered judgment against plaintiff on August 30, 1990. Plaintiff moved for a new trial. The trial court did not act on plaintiff's motion within 55 days after judgment was entered. By operation of law, the motion was deemed denied. ORCP 64 F. Plaintiff appealed by a notice of appeal mailed by certified mail on November 26, 1990, which was a Monday. Defendant moved to dismiss the appeal as untimely filed. Plaintiff resisted the motion...

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