Appeals

ORS 19.425
Review of intermediate orders

  • directing restitution


Upon an appeal, the appellate court may review any intermediate order involving the merits or necessarily affecting the judgment appealed from; and when it reverses or modifies such judgment, may direct complete restitution of all property and rights lost thereby. [Formerly 19.140; 2003 c.576 §283]

(formerly 19.140)

Notes of Decisions

In cases in which a demurrer has been sustained to one of several causes of action or theories of recovery alleged, the filing of an amended complaint omitting the cause or theory to which the demurrer was sustained does not waive the pleader's right on appeal to object to the sustaining of the demurrer. Moore v. W. Lawn Memorial Park, 266 Or 244, 512 P2d 1344 (1973)

Order requiring husband to pay travel and lodging expenses for wife to return to Oregon to appear against motion to eliminate spousal support was reviewable because husband could not obtain hearing on merits of motion until he had paid wife's expenses. Scholze and Scholze, 68 Or App 679, 682 P2d 827 (1984), Sup Ct review denied

Order disposing of motion for new trial is subject to review only upon timely appeal as provided in ORS 19.255, not as intermediate order. E.A. Mock & Sons, Inc. v. Mehdizadehkashi, 91 Or App 453, 755 P2d 739 (1988)

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