Hudson v. Feder

This case should not be dismissed, but should be reversed and remanded for further proceedings. Therefore, I dissent.

The majority orders the complaint to be dismissed, because plaintiff sought “[n]o relief that could have been directed at defendant,” 115 Or App at 4, and “there was no other defendant in the case whose presence might make a meaningful judicial remedy possible.” 115 Or App at 4. Even if those defects were raised in the trial court, they were resolved against defendant and, before defendant answered, the court entered a summary judgment for plaintiff. Plaintiff has never been…