Spada v. Port of Portland

• This is an action for breach of contract. Defendant’s motion for summary judgment was granted. ORCP 47. Defendant moved for summary judgment on alternative grounds: first, that the court lacked subject matter jurisdiction and, second, even if the court had jurisdiction, defendant was entitled to summary judgment on the merits. The record does not reflect which was the trial court’s basis for granting the motion.

The first difficulty encountered, although not raised by the parties, was the use of a motion for summary judgment to question the trial court’s lack of subject matter jurisdiction.…