Legal Opinion · Concurrence

Thompson v. State Farm Mutual Automobile Insurance

Court of Appeals of Oregon

Decided May 9, 2001No. 16-99-06498; A108055Published

1ConcurrenceDeits, C. J.

I agree that we must conclude, under Russell v. Sheahan, 324 Or 445, 927 P2d 591 (1996), that this court lacks jurisdiction to consider this appeal. I write separately to *214emphasize that this case presents a set of facts that has not previously been considered by either the Supreme Court or this court and that might, were we free to do so, justify reconsideration of the breadth of the holding in Russell.

“The right to obtain appellate review is statutory and subject to limitations imposed by the statute conferring the right.” Ososke v. DMV, 320 Or 657, 659-60, 891 P2d 633 (1995). The pertinent…

2Cases cited12 opinions

  1. Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
  2. Nieminen v. PitzerOregon Supreme Court · 1978
  3. Schoren v. SchorenOregon Supreme Court · 1924
  4. Rader v. BarrOregon Supreme Court · 1892
  5. Russell v. SheahanOregon Supreme Court · 1996

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