McClure v. Lebenbaum

The majority concludes that the trial court abused its discretion by entering a supplemental judgment against plaintiff in favor of the state for the filing fees that were deferred when plaintiff filed his complaint in a civil action. The majority is wrong. The court acted within its authority when it entered the supplemental judgment, and, hence, it did not abuse its discretion in doing so.

Plaintiff filed a malpractice complaint against defendant in June 1995. In conjunction with the filing, plaintiff petitioned the court to waive or defer the applicable filing fees. See ORS 21.605. The…