McFALL v. RODERICK, 72 Or. App. 776 (1985)

697 P.2d 569

McFALL et ux, Appellants, v. RODERICK et al, Respondents.

16-80-04806; CA A32604Oregon Court of Appeals.Argued and submitted January 4, 1985
Appeal dismissed March 20, 1985

Appeal from Circuit Court, Lane County.

F. Gordon Cottrell, Judge.

Ray Fechtel, Eugene, argued the cause and filed the briefs for appellants.

Russell D. Bevans, Eugene, argued the cause and filed the brief for respondents.

Before Richardson, Presiding Judge, and Warden and Newman, Judges.

PER CURIAM

Appeal dismissed.

Page 777

PER CURIAM

Plaintiffs brought this action for trespass and to quiet title to certain real property against three defendants, Chad and Roma Roderick and Diane Erdman. Plaintiffs appeal from a default judgment entered in favor of the Rodericks. The judgment does not adjudicate the rights and liabilities of defendant Erdman, and neither the order of default, the order granting the Rodericks’ “Motion For Entry of Judgment After Default” nor the judgment itself contain an express determination that there is no just reason for delay or an express direction for the entry of judgment as required by ORCP 67B. The judgment is not appealable. Hale v. County of Multnomah, 298 Or. 141, 689 P.2d 1290 (1984); May v. Josephine Memorial Hospital, 297 Or. 525, 686 P.2d 1015 (1984).

Appeal dismissed.

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