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TOBIGA v. STEVENS

C88-0855-CV; CA A63654.

816 P.2d 646 (1991)

108 Or.App. 414

Somtim TOBIGA and Rosemary Tobiga, Husband and Wife, Appellants, v. Randolph J. STEVENS, Personally; and Thetford, Stevens, Mario and Schmit, a Law Firm, Respondents, and Southmark Management Corporation, a Texas Corporation, Defendant.

Court of Appeals of Oregon.

Decided August 21, 1991.

Attorney(s) appearing for the Case

Somtim Tobiga, Portland, argued the cause for appellant Rosemary Tobiga and filed the brief pro se and for appellant Rosemary Tobiga.

David Paradis, Portland, argued the cause for respondents. With him on the brief was McEwen, Gisvold, Rankin & Stewart, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Plaintiffs appeal from the denial of their "Motion to Set Aside Default Summary Judgment; Request for New Trial; or in the Alternative a Favorable Ruling for Plaintiffs on Defendants' Motion for Summary Judgment." Defendants moved to dismiss the appeal and, on October 16, 1990, we issued an order that provided, in part:

"In the course of deciding respondents' motion, the court has identified a jurisdictional defect requiring dismissal of part...

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