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EMERALD DEVELOPMENT COMPANY v. VIAL FOTHERINGHAM LLP

A167137.

489 P.3d 138 (2021)

312 Or. App. 547

EMERALD DEVELOPMENT COMPANY, an Oregon corporation, for itself and derivatively on behalf of Meridian Village No. 1, LLC, an Oregon limited liability company, Plaintiff-Appellant, v. VIAL FOTHERINGHAM LLP, an Oregon limited liability partnership, and A. Richard Vial, an individual, Defendants-Respondents, and Oak Brook Financial Corporation, a Washington corporation, et al., Defendants.

Court of Appeals of Oregon.

June 23, 2021.

Attorney(s) appearing for the Case

Andrew T. Reilly, Portland, argued the cause for appellant. Also on the brief was Stillwater Law Group LLC.

Daniel L. Lis, Portland, argued the cause for respondents. Also on the brief were Nena Cook and Ater Wynne LLP.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

Plaintiff appeals an order denying its motion for relief from judgment. In a single assignment of error, it contends that the court erred in denying the motion as untimely, because (1) the motion should have been deemed timely for purposes of ORCP 71 B in light of the court clerk's mistaken rejection of plaintiff's effort to file within one...

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