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PATRICK v. OTTEMAN

9402629CV; CA A91499.

974 P.2d 217 (1999)

158 Or. App. 175

Vineta L. PATRICK, as personal representative of the Estate of Ralph E. Patrick, deceased, Appellant-Cross-Respondent, v. Richard Henry OTTEMAN, M.D., Respondent—Cross-Appellant, and Merle West Medical Center, an Oregon corporation, Defendant.

Court of Appeals of Oregon.

Decided February 3, 1999.

Attorney(s) appearing for the Case

Robert K. Udziela argued the cause for appellant—cross-respondent. With him on the briefs was Pozzi Wilson Atchison, LLP.

Benjamin M. Bloom argued the cause for respondent—cross-appellant. With him on the briefs was Hornecker, Cowling, Hassen & Heysell, LLP.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

HASELTON, P.J.

Plaintiff appeals, assigning error to the trial court's allowance of defendant Otteman's1 "Motion to Modify Judgment and Alternative Motion to Reconsider Motion for Entry of Judgment Conforming to ORS 18.560." Plaintiff argues that the court lacked authority to grant that relief because defendant's motion was filed more than 10 days after the entry of final judgment and was not cognizable under ORCP 71 B or ORCP 71 C. Plaintiff...

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