ORCP 82A

 

      See also annotations under ORS 29.130, 31.030, 32.010, 32.020 and 32.030 in permanent edition.

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 32.010)

 

      Posting undertaking and obtaining preliminary injunction by plaintiff is not prerequisite to issuance of final decree affording plaintiff relief for disputed activities conducted while action was pending. Swaggerty v. Petersen, 280 Or 739, 572 P2d 1309 (1977)

 

In general

 

      Court was without jurisdiction to allow temporary injunction where party failed to file undertaking and defendants could thus not be held in contempt for disobeying order arising from that injunction. Bruce v. Maurais, 69 Or App 267, 684 P2d 1243 (1984)

 

      Court may not award attorney fees where party circumvents judicial prerequisites for issuance of provisional process. Davis v. Boly, 239 Or App 420, 244 P3d 831 (2010), Sup Ct review denied