McKechnie v. Stanke, 124 Or App 405 (1993).
Plaintiffs alleged that the defendants failed to correctly diagnose and treat plaintiffs’ son over an eight year period. Trial court granted defendants’ motion for summary judgment on the portions of plaintiffs’ claim arising out of diagnoses and treatment that occurred more than five years before the filing of plaintiffs’ complaint as barred by the five-year statute of repose. ORS 12.110(4). Trial court lacks authority to enter final judgment under ORCP 67B for anything less than one claim or a portion of a claim that is dispositive as to at least one party. Court of Appeals and Supreme Court lack jurisdiction to hear an appeal if not final under ORCP 67B.
Lesch v DeWitt, 317 Or 585 (1993).
Plaintiff alleged that the defendant negligently prescribed an addictive drug to her for over a period of eight years. Defendant moved to dismiss claim as barred under ORS 12.110(4). Trial court dismissed portions of claim arising more than five years before filing of plaintiff’s complaint and entered judgment under ORCP 67B. The Supreme Court held that a trial court lacks authority to enter judgment on anything less than one whole claim or a potion of a claim that adjudicates the interests of at least one party. Both the Supreme Court and Court of Appeals lack jurisdiction to hear the appeal.
May v. Josephine Memorial Hospital, Inc., 297 Or 525 (1984).
ORCP 67B does not require the trial court to state the reasons for its express determination that there is "no just reason for delay" in entering a judgment. Further, the trial court has the sole discretion to decide when adjudication of one or more of, but less than all, the claims or parties, in an action involving multiple claims of the parties, is ready for appeal because it is the court more likely to be familiar with the case and with the presence or absence of any justifiable reasons for delay. The trial court's determination cannot be reviewed on direct appeal.
INFORMED
CONSENT
FAILURE
TO WARN