Opinion
A7604 04893; A7709 12910 (Supplemental); CA 19391
On respondents — cross-appellants' reconsideration, reconsideration allowed, former opinion ( 70 Or. App. 709,690 P.2d 1122) adhered to as modified August 28, reconsideration denied September 20, petition for review denied October 15, 1985 ( 300 Or. 162)
Appeal from Circuit Court, Multnomah County, Alfred T. Sulmonetti, Senior Judge.
Lawrence W. Erwin, Bend, for respondents — cross-appellants.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reconsideration granted; previous opinion adhered to as modified.
Defendants petition the Supreme Court for review of our recent opinion clarifying our original decision. Brewer v. Erwin, 70 Or. App. 709, 690 P.2d 1122 (1984). We treat the petition for review as a petition for reconsideration. ORAP 10.10(1). We grant the petition and modify our decision to provide that interest on the judgment for plaintiff shall run from October 21, 1980, the date of the original judgment, rather than from June 20, 1980, the date of the jury verdict. ORS 82.010(3). With this modification, we adhere to our previous opinion.
Defendants also attack our action in clarifying our original decision, asserting that the issue is not properly before us. Defendants should remember that they petitioned us to clarify the original opinion. It ill behooves them to complain about the outcome when they helped provoke our action.
Reconsideration granted; previous opinion adhered to as modified.