VALENCICH v. TMT HOMES

C981168CV, C981167CV, D983711CV; A113925 (Control), A113926, A113927.

88 P.3d 300 (2004)

193 Or. App. 47

Roger L. VALENCICH, dba Neadho Landscaping, Respondent, v. TMT HOMES OF OREGON, INC., an Oregon corporation; Washington Mutual Bank, a Washington corporation; Wilmes Trucking, Inc., an Oregon corporation, dba Wilmes Excavating; Marquez, Inc., an Oregon corporation, dba Oregon Tile and Marble; David Neerman, dba Dave's Tile and Marble; Rayborn's Plumbing, Inc., an Oregon corporation; Exterior Specialty Systems, Inc., an Oregon corporation; Garner Electric, Inc., an Oregon corporation; and Steve Filipetti, dba Filipetti's Painting, Defendants, and Cumberland Casualty & Surety Company, Inc., a Florida corporation, Appellant. Roger L. Valencich, dba Neadho Landscaping, Respondent, v. TMT Homes of Oregon, Inc., an Oregon corporation; and Rayborn's Plumbing, Inc., an Oregon corporation, Defendants, and First Savings Bank of Washington, a Washington corporation; Wilmes Trucking, Inc., an Oregon corporation, dba Wilmes Excavating; Elegant Hardwood Floors, Inc., an Oregon corporation; Exterior Specialty Systems, Inc., an Oregon corporation; Garner Electric, Inc., an inactive Oregon corporation; Steve Filipetti, dba Filipetti's Painting; JBC Roofing, LLC; Canby Drywall, Inc.; Medallion Industries, Inc.; Don P. Bryant Painting, Inc.; Cendant Mortgage Corporation; John K. Sadler; and Julie A. Goldsmith, Defendants, and Cumberland Casualty & Surety Company, Inc., a Florida corporation, Appellant. Roger L. Valencich, dba Neadho Landscaping, Respondent, v. TMT Homes of Oregon, Inc., an Oregon corporation; Harold Gilkey, William Zuppe, and Daniel Byrne, dba Sterling Savings Association; Wilmes Trucking, Inc., dba Phil Wilmes Excavating, Defendants, and Cumberland Casualty & Surety Company, Inc., a Florida corporation, Appellant.

Court of Appeals of Oregon.

Decided April 14, 2004.


Attorney(s) appearing for the Case

Herb Weisser argued the cause and filed the briefs for appellant.

Barry Adamson argued the cause for respondent. With him on the brief were Darin Honn, William Fig, and Sussman Shank, LLP.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


ARMSTRONG, J.

Cumberland Casualty and Surety Company (Cumberland) appeals from a judgment in favor of Valencich, a landscaper, allowing recovery against surety bonds that were filed in three consolidated lien foreclosure actions. Cumberland argues that, because it was not a party in the foreclosure actions, it was not subject to the entry of a judgment against it in those actions and the trial court accordingly erred in entering judgment against it. We affirm.

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