Emmert Industrial Corp. v. Douglass

Defendants 1 appeal from an order vacating a summaiy judgment in their favor on plaintiffs claim for breach of contract. We dismiss, because the order is not appealable.

Plaintiffs complaint alleged two claims, breach of contract and conversion. Defendants moved for summary judgment on the breach of contract claim, which the trial court granted. On March 12, 1993, 2 the court entered a judgment dismissing that claim. The judgment recited:

“This is not a final judgment pursuant to ORCP 67B. Any and all decisions with regard to attorney’s fees and costs shall await the entry of final judgment.…