Neidhart v. Page

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Landlord Tenant
  • Date Filed: 05-13-2015
  • Case #: A150255
  • Judge(s)/Court Below: Lagesen, J. for the Court; Duncan, P.J.; & Schuman, J.
  • Full Text Opinion

Defendant's petition for reconsideration was granted and resulted in the correction of a misstatement of the trial court's award. Nevertheless, Defendant's argument was rejected for being insufficiently developed for review.

Page, Tenant, petitioned for reconsideration of a previous appeal that affirmed the trial court’s ruling awarding possession of the rented property to Neidhart, Landlord. The Appellate Court previously characterized the trial court’s award to Landlord as “possession of the rented premises and $2,201 in restitution for unpaid rent.” As Tenant argues in her petition for reconsideration and the Court recognizes, there was no monetary award from the trial court. Accordingly, the Court strikes all mentions of a monetary judgment from the original opinion. However, Tenant’s argument that the trial court should have taken into consideration a monetary judgment Tenant received against Landlord in a separate proceeding was denied again as it was “insufficiently developed for . . . review.” Reconsideration allowed; former opinion modified and adhered to as modified.

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