AEBISCHER v. WHITE, 71 Or. App. 308 (1984)

692 P.2d 128

AEBISCHER, Appellant, v. WHITE et al, Defendants, REIDT, Respondent.

41-898; CA A30384Oregon Court of Appeals.
Argued and submitted November 15, appeal dismissed December 5, 1984

Appeal from Circuit Court, Washington County.

Frederic Starkweather, Judge.

Elden M. Rosenthal, Portland, argued the cause for appellant. With him on the reply brief was Rosenthal Greene, P.C., Portland.

Michael A. Lehner, Portland, argued the cause and filed the brief for respondent.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.


Dismissed for want of an appealable order.

Page 309


Plaintiff appeals from an “Order Directing Verdict in Favor of Defendant Reidt,”[1] the dispositive language of which reads:

“IT IS HEREBY ORDERED AND ADJUDGED that defendant Reidt’s motion for a directed verdict is allowed and that defendant Reidt have and recover from plaintiff his costs and disbursements incurred herein and taxed at $110.00 and that execution issue therefor.”

As in City of Portland v. Carriage Inn, 296 Or. 191, 673 P.2d 531 (1983), the order here would lay the foundation for the entry of a judgment, not prevent it. ORS 19.010(2)(a); ORCP 70A.

Dismissed for want of an appealable order.

[1] The claims against all other defendants have been resolved.

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