Legal Opinion

In re the Marriage of Ewald

Court of Appeals of Oregon

Decided December 19, 2012No. 073222D2; A146609Published

1Opinion of the CourtArmstrong, P. J.

In this dissolution case, the trial court granted wife’s motion to set aside the parties’ dissolution judgment pursuant to ORCP 71 B(l)(d)1 on the ground that the court lacked subject matter jurisdiction and the dissolution judgment was thus void. Husband appeals the resulting order vacating the general judgment and dismissing the case, raising two assignments of error. In his first assignment, he argues that wife’s motion was barred by claim preclusion and that the trial court erred in concluding otherwise. In his second, he contends that, even if claim preclusion did not preclude wife’s…

2Cases cited10 opinions

  1. Drews v. EBI CompaniesOregon Supreme Court · 1990
  2. Brumnett v. Psychiatric Security Review BoardOregon Supreme Court · 1993
  3. Rennie v. Freeway TransportOregon Supreme Court · 1982
  4. Yancy v. ShatzerOregon Supreme Court · 2004
  5. Oregon Medical Ass'n v. RawlsOregon Supreme Court · 1978

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