WHEATLEY v. SAFLEY

85-CV 0595-WE; CA A46822.

758 P.2d 377 (1988)

92 Or.App. 233

William G. WHEATLEY and Cherie A. Wheatley, Husband and Wife, Appellants, v. Michael J. SAFLEY; Mjs Properties, Ltd., Dba Riverside Realty, Respondents.

Court of Appeals of Oregon.

Decided July 27, 1988.


Attorney(s) appearing for the Case

John Folawn, and Holmes, DeFrancq & Schulte, P.C., Portland, appeared for the motion.

John D. Ryan, Portland, appeared contra.

Before WARDEN, P.J., JOSEPH, C.J., and DEITS, J.


On Respondents' Motion to Dismiss January 11, 1988.

JOSEPH, Chief Judge.

This is an appeal from a judgment that disposes of all claims except a counterclaim which includes a claim for attorney fees as damages arising from a previous action between the same parties. The issue is whether the judgment is a final judgment from which an appeal may be taken.

The action is for fraud, breach of fiduciary duty and negligence. Defendants counterclaimed, purportedly...

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