Legal Opinion
Barcik v. Kubiaczyk
Oregon Supreme Court
Decided May 25, 1995No. CC C92-0085CV; CA A77165; SC S41340PublishedCited by 76 opinions
1Opinion of the Court
*177GRABER, J.
The issue in this case is whether the Court of Appeals erred when, sua sponte, it reversed a circuit court judgment from which plaintiffs had appealed and remanded the case with instructions to dismiss the complaint and vacate the judgment, on the ground that “there was no justiciable controversy before the circuit court when it entered judgment on plaintiffs’ [claims].” Barcik v. Kubiaczyk, 127 Or App 273, 277, 873 P2d 456 (1994). We conclude that the Court of Appeals erred, in part, in dismissing plaintiffs’ claims, and we therefore affirm in part and reverse in part.
FACTS AND…
2Cases cited44 opinions
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- Carey v. PiphusSupreme Court of the United States · 1978
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3Cited by76 opinions
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