Court of Appeals of Oregon, 1999

Edwards v. Saleen-Degrange

Edwards v. Saleen-Degrange
Court of Appeals of Oregon · Decided September 15, 1999 · Brewer, Landau, Wollheim
162 Or. App. 671; 986 P.2d 667; 1999 Ore. App. LEXIS 1575

Edwards v. Saleen-Degrange

Opinion of the Court

BREWER, J.

In their petition for reconsideration of our decision in Edwards v. Saleen-Degrange, 161 Or App 156, 984 P2d 854 (1999), defendants Jim and Eula Saleen-Degrange suggest that, because we reversed and vacated all or part of the other judgments involved in this case, we should also vacate those portions of the trial court’s judgment for costs and disbursements in favor of plaintiffs and defendants Dean and Storaci. We agree and modify the disposition accordingly.

Reconsideration allowed; disposition modified; summary judgment on existence of road reversed and remanded; those portions of paragraphs 2, 4, and 5 of the trial court’s final judgment dated October 3, 1997, relating to boundary between Lots 6, 7, and 8 and Lot 11 and to implied easements in favor of Lots 6, 7, and 8 vacated and remanded; paragraphs 1 and 3 of the judgment for costs and disbursements, dated December 9, 1997, vacated and remanded; otherwise affirmed.

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