Jordan v. Rask

This filiation proceeding was dismissed with prejudice at the close of petitioner’s case due to insufficient evidence of respondent’s paternity. ORCP 54B(2). Petitioner raises three assignments of error: (1) the dismissal pursuant to ORCP 54B(2) was erroneous; (2) the trial judge failed to make the findings which are required by ORCP 54B(2) when a case is dismissed with prejudice for lack of evidence; and (3) the trial judge abused her discretion by denying petitioner’s motion to reopen the case. We reverse.

This case was tried to the court in stages over a period of several months.…