Opinion
16-83-01887; CA A37859
Argued and submitted February 20, 1987.
Reversed April 22, 1987.
Appeal from the Circuit Court, Lane County, Maurice K. Merten, Judge.
Claud Ingram, Eugene, argued the cause for appellant. With him on the brief was Bick Monte, P.C., Eugene.
Harold D. Gillis, Eugene, argued the cause and filed the brief for respondents.
Before Warden, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reversed.
Defendant Haase appeals from an order denying his motion to set aside a writ of garnishment issued on a judgment not yet final under ORCP 67B and a sheriff's sale of certain stock owned by Haase which followed. For the reasons set forth in Gull Industries v. Mustang Gas and Oil Co., 73 Or. App. 557, 699 P.2d 1134, rev den 299 Or. 583 (1985), we hold that the writ of garnishment was void and that the subsequent sheriff's sale was likewise void. See also Ketcham v. Selles, 85 Or. App. 74, 735 P.2d 1246 (1987). The fact that the intermediate order later became final does not have the effect of validating the garnishment and sale that were void. The void sale could not pass title to the stock, and the trial court erred in denying Haase's motion.
We reject without discussion plaintiffs' argument that ORCP 67B is not applicable this case.
Plaintiffs contend that defendant either waived his right to appeal or is estopped from asserting that right. Our review of the record reveals nothing to support those contentions. Plaintiffs also argue that this appeal is moot, because our decision would have no effect other than resolving an abstract question of law, citing State ex rel Juv. Dept. v. Holland, 290 Or. 765, 767, 625 P.2d 1318 (1981). We do not agree that a decision which determines who owns property raises only an abstract question of law.
Reversed.