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BALBOA APARTMENTS v. PATRICK

(CC FE08-0910; CA A139660; SC S059058).

263 P.3d 1011 (2011)

351 Or. 205

BALBOA APARTMENTS and Silverstrand Investments, LLC, Respondents on Review, v. Lisa PATRICK, et al, Petitioners on Review.

Supreme Court of Oregon, En Banc.

Filed October 6, 2011.

Attorney(s) appearing for the Case

Craig P. Colby, Portland, argued the cause and filed the brief for petitioner on review Lisa Patrick.

Mark G. Passannante of Broer & Passannante, P.S., Portland, argued the cause and filed the brief for respondents on review.

LANDAU, J.

ORS 105.135(3) requires a plaintiff in an action for forcible entry and detainer (FED) to serve the summons and complaint "by the end of the judicial day next following the payment of filing fees." The issue in this case is whether failure to serve a summons and amended complaint within one day of the payment of filing fees requires dismissal of the FED action. Both the trial court and the Court of Appeals concluded that such a failure did not require...

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