City of Portland v. Structure Located At 18 NW 3rd Avenue

1 Citing case

  1. Ornduff v. Hobbs

    273 Or. App. 169 (Or. Ct. App. 2015)   Cited 2 times

    Here, as in Best Overhead Door, plaintiff's attorney chose to mail, rather than to hand-deliver, plaintiff's fee statement to the court, and that statement was not docketed within the timeline prescribed by ORCP 68. And, consistent with Best Overhead Door, it was well within the trial court's discretion to allow plaintiff's ORCP 15 D motion to permit a late filing under those circumstances. See City of Portland v. Structure at 18 NW 3rd Ave., 150 Or App 143, 150, 945 P2d 631 (1997) (ORCP 15 D grants trial courts "broad authority" to extend statutory time limits). That is particularly true in light of the fact that, in this case, plaintiff's attorney put the fee statement in the mail at his first opportunity—the day after judgment was entered—rather than delaying his attempt to file until the due date.