HOA v. LIBERTY OAKS, LLC

C096255CV; A149141.

341 P.3d 109 (2014)

267 Or. App. 401

LIBERTY OAKS HOMEOWNERS ASSOCIATION, an Oregon non-profit corporation, Plaintiff, v. LIBERTY OAKS, LLC, an Oregon limited liability company; J.T. Smith Companies, an Oregon corporation; and Jeffrey D. Smith, an individual, Defendants. Liberty Oaks Homeowners Association, an Oregon non-profit corporation; J.T. Smith Companies, an Oregon corporation; and Jeffrey D. Smith, an individual, Third-Party Plaintiffs-Appellants, v. A & D Prestige Building, LLC, an Oregon limited liability company; Rain-Master Roofing Co., Inc., an Oregon corporation; and Rex Hill Masonry, Inc., an Oregon corporation, Third-Party Defendants, and Advanced Construction, an assumed business name of Vasily A. Sharabarin; Home Exteriors, Inc., nka Bela, Inc., an Oregon corporation; and Square Deal Concrete Construction Incorporated, an Oregon corporation, Third-Party Defendants-Respondents. D.L. Lytsell Construction, Inc., an Oregon corporation, Fourth-Party Plaintiff, v. Angelfire, Inc., an Oregon corporation, Fourth-Party Defendant.

Court of Appeals of Oregon.

Decided December 3, 2014.


Attorney(s) appearing for the Case

W. Frank Elsasser argued the cause for appellant Liberty Oaks Homeowners Association. With him on the briefs were Elsasser Law Office; Richard Levin and Richard Levin Law Group.

Skip Winters , Jason A. Gardner , and Bodyfelt Mount LLP, appeared for appellants J.T. Smith Companies and Jeffrey D. Smith.

Jonathan Henderson , Portland, argued the cause for respondents. With him on the brief were Christopher J. Drotzmann , Patrick C. Wylie , and Davis Rothwell , Earle & Xochihua, P.C.

Before DUNCAN, Presiding Judge, and LAGESEN, Judge, and WOLLHEIM, Senior Judge.


This appeal arises out of a construction-defect case. We conclude that the appeal is moot and, accordingly, dismiss.1

This case involves a common configuration of parties in construction-defect cases. The Liberty Oaks Homeowners Association (the HOA) sued the original set of appellants in this matter...

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