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Georgetown Realty, Inc. v. Home Insurance

Citations: 313 Or. 297; 833 P.2d 1333; 1992 Ore. LEXIS 109Docket: CC A8708-05098; CA A50656; SC S37825

Court: Oregon Supreme Court; June 5, 1992; Oregon; State Supreme Court

Narrative Opinion Summary

The court addresses the Court of Appeals' order that permitted the appellant to recover the premium paid for a supersedeas bond as costs after the appellate court reversed the trial court's judgment in Georgetown Realty, Inc. v. The Home Ins. Co. The Supreme Court subsequently reversed the Court of Appeals' decision on the merits and remanded the case for further consideration. As a result of this reversal, no final decision exists regarding the defendant's appeal. Therefore, the court vacates the Court of Appeals' order regarding the recoverability of the supersedeas bond premium and remands the case for additional consideration as necessary in light of the main case issues. The petition for review is granted.

Legal Issues Addressed

Recoverability of Supersedeas Bond Premiums as Costs

Application: The Court of Appeals initially allowed the appellant to recover the premium paid for a supersedeas bond as costs, but this decision was vacated by the Supreme Court following the reversal of the Court of Appeals' decision on the merits.

Reasoning: The court addresses the Court of Appeals' order that permitted the appellant to recover the premium paid for a supersedeas bond as costs after the appellate court reversed the trial court's judgment in Georgetown Realty, Inc. v. The Home Ins. Co.

Reversal and Remand for Further Consideration

Application: The Supreme Court's reversal of the Court of Appeals' decision on the merits led to a remand for further consideration of the main case issues, reflecting the need for additional judicial review.

Reasoning: The Supreme Court subsequently reversed the Court of Appeals' decision on the merits and remanded the case for further consideration.

Vacatur of Appellate Orders Pending Final Decision

Application: Due to the absence of a final decision concerning the defendant's appeal, the Supreme Court vacated the Court of Appeals' order on the recoverability of the supersedeas bond premium.

Reasoning: As a result of this reversal, no final decision exists regarding the defendant's appeal. Therefore, the court vacates the Court of Appeals' order regarding the recoverability of the supersedeas bond premium.