Greeninger v. Cromwell

Defendants appeal the trial court’s judgment that dismissed plaintiffs complaint without prejudice. ORCP 21A(1). They argue that the trial court erred in treating their motions for summary judgment under ORCP 47 as motions to dismiss under ORCP 21 A.

Plaintiff brought this action alleging that defendant Linwood Cromwell transferred his interest in certain property to defendant Doris Cromwell, “with the actual intent to hinder, delay or defraud” plaintiff in her efforts to collect her claim against Linwood. Each defendant moved for summary judgment supported by affidavits on three alternative…