ALTENHOFEN v. CHYP, LLC

A171227.

484 P.3d 404 (2021)

310 Or. App. 216

Bryce ALTENHOFEN, Plaintiff-Appellant, v. CHYP, LLC; GOCHYP, LLC; Steven Lemma II; and Anthony Lemma, Defendants-Respondents. GOCHYP, LLC, Counter-Plaintiff, v. Bryce Altenhofen, Counter-Defendant. GOCHYP, LLC, Third-Party Plaintiff, v. Joshua Spicer; Capital Payments, Inc.; and Capital Payments, LLC, Third-Party Defendants.

Court of Appeals of Oregon.

March 24, 2021.


Attorney(s) appearing for the Case

Michael T. Stone, Hillsboro, argued the cause and filed the briefs for appellant.

Peter D. Hawkes, Portland, argued the cause for respondents. Also on the brief was Lane Powell PC.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.


Sparing the details of the brambled procedural path to the present, the question before us is whether the trial court's order granting defendant's motion for judgment notwithstanding the verdict (JNOV) was untimely entered under ORCP 63 D(1), making it a legal nullity that the court should have set aside. See Micek v. LeMaster,

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