Miller v. Grants Pass Irrigation District

MEMORANDUM OPINION.

The Court of Appeals published an opinion in support of its decision in favor of defendants. Miller v. Grants Pass Irrigation, 45 Or App 823, 609 P2d 859 (1980). Plaintiffs petitioned for review, ORS 2.520, and we allowed the petition, 290 Or 171 (1980).

On the morning of oral argument on January 6, 1981, defendant State of Oregon filed a written motion for an order "dismissing the appeal” on the ground that the plaintiffs had appealed from a non-appealable order of the circuit court. This motion was made pursuant to Rule 9.10, Rules of Appellate Procedure, which provides in…