Rains v. Stayton Builders Mart, Inc.

ORCP 71 B(2) does not override ORCP 71 B(1)(C)'s requirement that in order to set aside a party's judgment a motion shall be made within one year after receiving notice of the judgment.

Kevin Rains (Rains), was a subcontractor on a project on which Five Star Construction, Inc. was a general contractor. Rains was injured while working. Rains brought suit against Five Star and Stayton Builders Mart, Inc. who had supplied the board that Rains fell through. Stayton, for purposes of indemnification, filed a third-party complaint against Weyerhaeuser. At trial, the jury was instructed to divide fault between Weyerhaeuser, Stayton, and Rains. After apportioning fault, the trial court indemnified Stayton on its claim against Weyerhaeuser. Over a year after it received notice of the court’s judgments, Weyerhaeuser filed a motion to set them aside and asserted that the judgments had been obtained through fraud on the court. Weyerhaeuser also argued that the one year requirement under ORCP 71 B(1)(C) is overridden by ORCP 71 B(2) and that the trial court erred in holding that due to the appeal pending in the present court, the trial court lacked authority to grant their motion to set aside the judgment. The Court held that the provision should be understood to require the one-year deadline and that a trial court’s authority while an appeal is pending is limited. Affirmed.