Messenger v. Zinter

Court of Appeals of Oregon

Messenger v. Zinter

896 P.2d 1225, 135 Or. App. 200, 1995 Ore. App. LEXIS 927

Court of Appeals of Oregon·Decided June 21, 1995·No. CV 94-0052; CA A84654·Published

Opinion

PER CURIAM

In this action for a constructive trust and an accounting, plaintiff contends that the trial court erred in granting defendants’ motion to dismiss the claims on the ground that they are barred by the Statute of Limitations. In the trial court, plaintiff filed no written response to the motion and did not appear at the hearing. On appeal she argues that the Statute of Limitations is inapplicable to her claims. We decline to consider the argument, because it was not raised in the trial court.

Affirmed.

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PER CURIAM

In this action for a constructive trust and an accounting, plaintiff contends that the trial court erred in granting defendants’ motion to dismiss the claims on the ground that they are barred by the Statute of Limitations. In the trial court, plaintiff filed no written response to the motion and did not appear at the hearing. On appeal she argues that the Statute of Limitations is inapplicable to her claims. We decline to consider the argument, because it was not raised in the trial court.

Affirmed.

Messenger v. Zinter, 896 P.2d 1225, 135 Or. App. 200, 1995 Ore. App. LEXIS 927 (Or. Ct. App. 1995).

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896 P.2d 1225 (Messenger v. Zinter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.