Weiner Investment Co. v. Weiner

Defendant appeals from a judgment dismissing his counterclaims with prejudice. He assigns as error the court’s granting of plaintiffs’ motion for summary judgment. Plaintiffs cross-appeal, assigning error to the court’s denial of their motion for sanctions against defendant under ORCP 17C. We reverse on defendant’s appeal and affirm on plaintiffs’ cross-appeal.

Plaintiffs Weiner Investment Co. and Arnold Weiner filed an action for partition in kind of real property held as tenants in common with defendant, who is Arnold’s brother. Defendant filed two counterclaims. The first, an action for…