Opinion
TC D8004-63516, CA A21468, SC 29078
Submitted November 12, 1982.
Remanded July 26, 1983.
In Banc
On review from the Court of Appeals.
59 Or. App. 653, 651 P.2d 1387 (1982). On appeal from Circuit Court, Multnomah County. Kathleen B. Nachtigal, Judge.
Jerold L. Billings, Portland, filed the petition for review in the Supreme Court, having also argued the cause and filed the brief in the Court of Appeals.
Ira L. Gottlieb, Portland, argued the cause in the Court of Appeals. With him on the brief for the Court of Appeals was Ron D. Bailey, Portland.
MEMORANDUM OPINION
Petition allowed; remanded to the Court of Appeals for reconsideration.
MEMORANDUM OPINION
We withheld reaching a decision on the Petition for Review in this case pending our decision in Booras v. Uyeda, 295 Or. 181, 666 P.2d 791 (1983). In Booras, supra, at 188-89, we said:
"It is well established that when a plaintiff appeals from a judgment in plaintiff's favor contending that on de novo review he or she is entitled to additional or other relief, if a defendant does not cross-appeal the appellate court `may not render a judgment or decree more favorable to [defendant] and less favorable to plaintiff than was the decree entered below.' Gas-Ice Corporation v. Newbern, 263 Or. 227, 234, 501 P.2d 1288 (1972). See also Annot., 63 L Ed 2d 911 (1981)."
We conclude that the general principle discussed in Booras, supra, requires that we allow the Petition and remand to the Court of Appeals for reconsideration in light thereof and in respect of our discussion in footnote 6, page 191.
Petition allowed; case remanded to the Court of Appeals for reconsideration.