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RYERSE v. HADDOCK

(CCV 98-02-401, CCV 98-02-480; CA A107447; SC S50180).

95 P.3d 1120 (2004)

337 Or. 273

Randall L. RYERSE and Diane K. Ryerse, Plaintiffs, v. George A. HADDOCK and Robert Keech Associates, Inc., an Oregon corporation, Defendants. George A. Haddock and Catharine M. Luchini-Haddock, aka Catharine Haddock, Petitioners on Review, v. Randal Lorin Ryerse, Respondent on Review.

Supreme Court of Oregon.

Decided August 12, 2004.

Attorney(s) appearing for the Case

Dean Heiling, Heiling Dwyer & Associates, Portland, argued the cause and filed the brief for petitioners on review.

Lisa E. Lear, Bullivant Houser Bailey PC, Portland, argued the cause and filed the brief for respondent on review. With her on the brief was Peter J. Viteznik, Bullivant Houser Bailey PC.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

RIGGS, J.

In this case, we decide when a trial court "determine[s]" a motion to set aside a judgment and for a new trial pursuant to ORCP 64 F (1997).1 The Court of Appeals concluded that, in the present case, the trial court did not "determine[]" the motion until the clerk entered the trial court's order in the register, and so the motion was deemed denied. Ryerse v. Haddock, 185 Or.App. 679

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