City of Portland v. Diaz

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Law
  • Date Filed: 12-13-2017
  • Case #: A161433
  • Judge(s)/Court Below: Ortega, PJ. for the Court; Lagesen, J.; & Wilson, SJ.
  • Full Text Opinion

“An order that is made in the action after a general judgment is entered and that affects a substantial right, including an order granting a new trial, may be appealed [as provided by ORS Chapter 19].” ORS 19.205(3)

Intervenor, Reliable Credit Association, Inc. (Reliable), appealed a denial to release an impounded car. On appeal, Reliable argued that the denial of its motion is appealable under ORS 19.205(2) because the denial affects a substantial right. The City responded that the order to not release the impounded vehicle is not subject to appeal under ORS 19.205(2). “An order that is made in the action after a general judgment is entered and that affects a substantial right, including an order granting a new trial, may be appealed [as provided by ORS Chapter 19].” ORS 19.205(3). The Court of Appeals determined that ORS 19.205(2) does not govern because the order was entered after the default judgment. The Court held the order does not affect a substantial right because Reliable is not required to pay Defendant’s unpaid financial obligations, but merely just post those obligations. Appeal dismissed.

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