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CALDEEN CONST., LLC v. KEMP

090645745; A143946.

273 P.3d 174 (2012)

248 Or. App. 82

CALDEEN CONSTRUCTION, LLC; Callie D. Calhoun; and Jon C. Calhoun, Plaintiffs-Appellants, v. M. Mark KEMP; and M. Mark Kemp, P.C., Defendants-Respondents.

Court of Appeals of Oregon.

Decided February 8, 2012.

Attorney(s) appearing for the Case

Marianne Dugan , Eugene, argued the cause and filed the briefs for appellants.

Bruno J. Jagelski , Ontario, argued the cause for respondents. With him on the brief was Yturri Rose LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

DUNCAN, J.

Plaintiffs filed a complaint against defendant,1 alleging legal malpractice. Pursuant to ORCP 21 A(8), defendant moved to dismiss the complaint for failure to state a claim. The trial court granted the motion and denied plaintiffs' request for leave to file an amended complaint. Plaintiffs appeal, asserting that the trial court abused its discretion by denying them leave to file an amended complaint. We agree and, therefore...

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