Appeals

ORS 19.225
Appealability of certain orders in class actions


When a circuit court judge, in making in a class action under ORCP 32 an order not otherwise appealable, is of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, the judge shall so state in writing in such order. The Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from such order to the Court of Appeals if application is made to the court within 10 days after the entry of the order. Application for such an appeal shall not stay proceedings in the circuit court unless the circuit court judge or the Court of Appeals or a judge thereof shall so order. [Formerly 19.015]

(formerly 19.015)

Notes of Decisions

An appeal from an order denying class action status is not appealable before final judgment as a matter of right, but rather at the discretion of the appellate court exercising jurisdiction after the trial court has certified the order for appeal. Joachim v. Crater Lake Lodge, Inc., 276 Or 875, 556 P2d 1334 (1976)

Scope of appellate review is limited to answering controlling questions identified by trial court. Shea v. Chicago Pneumatic Tool Co., 164 Or App 198, 990 P2d 912 (1999), Sup Ct review denied

Exercise of appellate court discretion under this section is guided by same principles established for appeal from interlocutory orders in federal court. Pearson v. Phillip Morris, Inc., 208 Or App 501, 145 P3d 298 (2006)

Action filed as class action is "class action under ORCP 32," whether or not court orders proceeding maintained as class action. Joarnt v. Autozone, Inc., 343 Or 187, 166 P3d 525 (2007)

Chapter 19

Notes of Decisions

This chapter does not apply to workers' compensation proceedings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff'd 295 Or 448, 667 P2d 529 (1983)


Source

Last accessed
Jun. 26, 2021