Summary
holding that an adjudication that the plaintiff owned a specific part of a plot of land in an FED action precluded his later claim for declaratory judgment that he owned the entire plot
Summary of this case from Moye v. Conifer Grp., Inc.Opinion
95CV0538; CA A94839
Submitted on appellant's petition for reconsideration filed April 14, and respondents' response to petition for reconsideration filed May 6, petition for reconsideration allowed; opinion ( 153 Or. App. 273, 956 P.2d 1022) modified and adhered to as modified June 10, petition for review denied November 24, 1998 ( 328 Or. 40)
Filed: June 10, 1998
Appeal from Circuit Court, Curry County.
Richard K. Mickelson, Judge.
Keith Rodman for petition.
Clayton C. Patrick, contra.
Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.
PER CURIAM
Petition for reconsideration allowed. Opinion modified and adhered to as modified.
Plaintiff moves for reconsideration of our opinion on reconsideration, 153 Or. App. 273, 956 P.2d 1022 (1998). We allow the petition to reconsider. Footnote one is deleted from our previous opinion because it contains an erroneous statement of fact. The statement of fact was unrelated to our analysis. We adhere to our opinion as modified.
Petition for reconsideration allowed. Opinion modified and adhered to as modified.