Vaida v. Howells Custom Cabinets

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 10-25-2017
  • Case #: A159474
  • Judge(s)/Court Below: Lagesen, J., for the Court; DeVore, J.; & Garrett, J.
  • Full Text Opinion

The Court of Appeals will designate a prevailing party “only if the court reverses or substantially modifies the judgment.” ORAP 13.05.

Employer petitioned for reconsideration from a Court of Appeals decision that affirmed an order from the Worker’s Compensation Board, assigned error to the disposition, and requested the disposition modified to dismiss the cross-petition as moot. Employer argued that the disposition should be modified to dismissed because it’s cross-petition was “precautionary” and should only been addressed if the board’s order was reversed. Under ORAP 13.05, the cross-petitioner can be designated the prevailing party “only if the court reverses or substantially modifies the judgment.” The Court of Appeals held that it was required to modify its original disposition because the Board’s order was affirmed. Reconsideration allowed; former disposition withdrawn; affirmed on petition; cross-petition dismissed as moot. 

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