Legal Opinion

Belinskey v. Clooten

Court of Appeals of Oregon

Decided September 1, 2010No. 080507057; A140228PublishedCited by 6 opinions

1Opinion of the CourtSchuman, J.

This case requires us to construe ORS 12.220, commonly referred to as a “saving statute,” which provides that, if an action is first filed within the statute of limitations and then “involuntarily dismissed without prejudice on any ground not adjudicating the merits of the action,” a new action may be filed within 180 days “after the judgment dismissing the original action is entered in the register of the court,” notwithstanding that the statute of limitations has run during the interim. 1 Here, the trial court dismissed plaintiffs personal injury action as a sanction because plaintiff…

2Cases cited3 opinions

  1. Krieger v. JustOregon Supreme Court · 1994
  2. State v. ClickOregon Supreme Court · 1988
  3. Belinskey v. ClootenCourt of Appeals of Oregon · 2007

3Cited by6 opinions

  1. Stoltz v. Fry Foods, Inc.District Court, D. Idaho · 2014
  2. Communication Management Services, LLC v. Qwest Corp.District Court, D. Oregon · 2014
  3. State v. PowellCourt of Appeals of Oregon · 2011
  4. Communication Management Serv. v. Qwest Corp.Court of Appeals for the Ninth Circuit · 2018
  5. Porter v. VeenhuisenCourt of Appeals of Oregon · 2020

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