Gearhart v. Employment Division

It might be that there is no good answer to this confusing situation. As the majority recognizes, ORCP 54B(2), together with ORCP 60, eliminated the motion for nonsuit. See Castro and Castro, 51 Or App 707, 626 P2d 950 (1981). Yet the majority has revived it in all of its glory. It holds that a *606judgment of dismissal without prejudice is reviewable to determine whether the plaintiffs evidence made out a prima facie case, which was the function of the former motion for involuntary nonsuit.

However, it is clear that a motion to dismiss under ORCP 54B(2) does more than test whether plaintiff has…