Parker v. Scharbach

Court of Appeals of Oregon

Parker v. Scharbach

686 P.2d 1070, 69 Or. App. 646, 1984 Ore. App. LEXIS 4097

CourtCourt of Appeals of Oregon

DecidedSeptember 5, 1984

Docket16-83-02855; CA A30060

StatusPublished

This text of 686 P.2d 1070 (Parker v. Scharbach) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parker v. Scharbach, 686 P.2d 1070, 69 Or. App. 646, 1984 Ore. App. LEXIS 4097 (Or. Ct. App. 1984).

Pincite

Opinion

PER CURIAM

In this action for the strict foreclosure of a real estate contract, there are unresolved cross-claims. The judgment appealed from does not comply with ORCP 67 B. In May v. Josephine Memorial Hospital, 297 Or 525, 530, 686 P2d 1015 (1984), the court said:

“All that is required under ORCP 67B to obtain an appealable judgment rather than an intermediate order is for the trial court to take two separate steps. The trial court must make ‘an express determination that there is no just reason for delay’ and it must make ‘an express direction for the entry of judgment.’ ”

We dismiss the appeal on our own motion, because compliance with the rule is jurisdictional. Industrial Leasing Corp. v. Van Dyke, 285 Or 375, 591 P2d 352 (1979), and it was not complied with here.

Appeal dismissed.

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