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Pine Ridge Park v. Fugere

Summarized by: 

Date Filed: 09-26-2012
Case #: A149364
Brewer, J. for the Court; Armstrong, P.J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A149364.pdf

Civil Procedure: When a superdeas undertaking is filed per ORS 19.335(2), the 60-day limit on issuance of process to enforce a judgment under ORS 105.159(3) is tolled.

Fugere appealed an order that denied her motion to quash. Pine Ridge Park owned a manufactured home park at which Fugere was a tenant. Pine Ridge gave notice to Fugere to vacate the premises. The trial court entered a judgment of restitution of the premises effective immediately for Pine Ridge on November 3, 2009. Fugere appealed and filed a superdeas undertaking per ORS 19.335(2). The Court of Appeals affirmed on August 4, 2011. On August 9, 2011, the trial court clerk issued the notice of restitution. On August 12, 2011, Fugere filed a motion to quash the notice of restitution. The trial court denied the motion. Fugere appealed the order denying her motion, arguing that under ORS 105.159(3) the clerk may not issue the notice of restitution more than 60 days after the judgment is entered. The Court of Appeals affirmed the trial court’s ruling, holding that a superdeas undertaking on appeal tolls the 60-day limit on issuance of process to enforce a judgment for restitution of premises. Affirmed.