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KAZLAUSKAS v. KBBP, LLC

CV07020311 and CV06090108; A141575 (Control) and A142077.

275 P.3d 171 (2012)

248 Or. App. 555

Don KAZLAUSKAS, Plaintiff-Respondent Cross-Appellant, and KBBP, LLC, Plaintiff, v. Terry W. Emmert, Defendant-Appellant Cross-Respondent. Terry W. Emmert, an individual, Plaintiff-Respondent, v. Don Kazlauskas, an individual, dba Victory Lane Farm, Inc., an inactive corporation, dba D.Z. Investment Group, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 14, 2012.

Attorney(s) appearing for the Case

David W. Melville argued the cause for appellant-cross-respondent Terry Emmert. With him on the briefs were Jeffrey M. Edelson , Markowitz, Herbold, Glade & Mehlhaf, P.C., and Law Offices of David W. Melville.

John M. Berman and J. Rion Bourgeois , Tigard, argued the cause and filed the briefs for respondent-cross-appellant Don Kazlauskas.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

In these consolidated cases, both parties appeal respective judgments in favor of the other party, raising various assignments of error. In case CV06090108, plaintiff Emmert alleged that defendant Kazlauskas committed fraud concerning a loan that Emmert made to Kazlauskas relating to property known as the Stickney Road property. The jury found that Kazlauskas had committed fraud and ultimately awarded Emmert $108,800 in damages, which included $88,800...

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