Opinion · Court of Appeals of Oregon
Brewer v. Erwin
Brewer v. Erwin, 75 Or. App. 132 (Or. Ct. App. 1985)
- Type
- Opinion
- Court
- Court of Appeals of Oregon
- Jurisdiction
- Oregon
- Date
- 1985-09-20
- Topic
- general
How later courts describe this case
- following issuance of appellant mandate, appellate court has inherent authority, in acting in aid of its own jurisdiction, to clarify its opinion to facilitate trial court action on remand
- despite issuance of appellate mandate, appellate court, as part of its inherent authority to act in aid of its own jurisdiction, may clarify its opinion to facilitate trial court action in accord with that opinion
Citator
UpLaw has not yet analyzed Brewer v. Erwin. The absence of a flag is not a finding that it is good law.
- Cited by
- 5 opinions
Defendants petition the Supreme Court for review of our recent opinion clarifying our original decision. Brewer v. Erwin, 70 Or App 709, 690 P2d 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.1
Reconsideration granted; previous opinion adhered to as modified.
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.