Handam v. Wilsonville Holiday Partners, LLC

FILED: June 16, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ALADDIN H. HANDAM,

Plaintiff-Appellant
Cross-Respondent,

v.

WILSONVILLE HOLIDAY PARTNERS, LLC,
an Oregon limited liability company,
dba Wilsonville Holiday Inn,

Defendant-Respondent
Cross-Appellant,

and

GERARDO PEREGRINA
and LOCKHART INVESTMENTS, LLC,
dba Lockhart Investments Management Group and Lockhart Investments,

Defendants-Respondents.

Washington County Circuit Court
C040634CV
A128759

On remand from the Oregon Supreme Court, 347 Or 533, 225 P3d 43 (2010).

Gayle Ann Nachtigal, Judge.

Submitted on remand April 07, 2010.

Jeremy L. Fellows for appellant - cross-respondent.

John R. Osburn, Stephen F. Deatherage, and Bullivant Houser Bailey PC for respondent - cross-appellant Wilsonville Holiday Partners, LLC, and respondent Gerardo Peregrina.

No appearance for respondent Lockhart Investments, LLC.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Judge.

PER CURIAM

On appeal, affirmed; on cross-appeal, reversed and remanded for entry of judgment for respondent - cross-appellant Wilsonville Holiday Partners, LLC.

PER CURIAM

This case is before us on remand from the Oregon Supreme Court, Handam v. Wilsonville Holiday Partners, LLC, 347 Or 533, 225 P3d 43 (2010), with instructions to reconsider it in light of the court's decision in Lamson v. Crater Lake Motors, Inc., 346 Or 628, 216 P3d 852 (2009), which affirmed our decision in Lamson v. Crater Lake Motors, Inc., 216 Or App 366, 173 P3d 1242 (2007).  On remand, we observe that the Supreme Court's decision in Lamson makes it clear that we applied the correct legal test in our original opinion in this case, Handam v. Wilsonville Holiday Partners, LLC, 225 Or App 442, 201 P3d 920 (2009) (Handam I).  The reasoning and result set forth in Handam I are consistent with the Supreme Court's analysis in Lamson.  Accordingly, we adhere to our original opinion and disposition in this case; for the reasons set forth in Handam I, we affirm on appeal and reverse and remand on cross-appeal.

On appeal, affirmed; on cross-appeal, reversed and remanded for entry of judgment for respondent-cross-appellant Wilsonville Holiday Partners, LLC.