McCall v. Kulongoski

This case involves the appellate jurisdiction of the Court of Appeals. As petitioner on review, the State of Oregon (state) seeks reversal of a Court of Appeals order dismissing the state’s appeal in this matter. For the reasons that follow, we affirm the Court of Appeals order.

The facts are undisputed. In 2004, plaintiffs McCall, McPherson, Swaim, Lewis, and Tipperman (plaintiffs) sought an award of attorney’s fees from the trial court after successfully challenging a state-defended ballot measure adopted four years earlier. The trial court entered a supplemental judgment awarding plaintiffs…