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OREGON RECOVERY v. LAKE FOREST EQUITIES

CV04120018; A130313.

211 P.3d 937 (2009)

229 Or. App. 120

OREGON RECOVERY, LLC, an Oregon limited liability company, and Craig H. Cowles, Plaintiffs-Appellants, v. LAKE FOREST EQUITIES, INC., a dissolved foreign corporation; Edward F. Byczynski; Jeanne Graves; National Tenant Network, Inc., an Oregon corporation; and Lake Forest Equities, Inc., an Oregon corporation, Defendants-Respondents.

Court of Appeals of Oregon.

Decided June 17, 2009.

Attorney(s) appearing for the Case

Terrence Kay, Salem, argued the cause and filed the briefs for appellants.

Elizabeth Duncan argued the cause for respondent Edward F. Byczynski. On the brief were Sanford R. Landress, Portland, and Greene & Markley, P.C.

No appearance for respondents Lake Forest Equities, Inc., Jeanne Graves, and National Tenant Network, Inc.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and DEITS, Senior Judge.

LANDAU, P.J.

Plaintiffs appeal a judgment dismissing their claims on the ground that they are based on judgments that had expired as a matter of law. Defendants move to dismiss the appeal on the same ground. We deny the motion to dismiss; whether or not the trial court was correct in determining that the case before it was moot does not mean that this appeal—concerning the correctness of that determination—is moot. We then conclude for the reasons stated...

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