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BARCIK v. KUBIACZYK

CC C92-0085CV; CA A77165; SC S41340.

895 P.2d 765 (1995)

321 Or. 174

Carol BARCIK, as Guardian Ad Litem for Scott Barcik, a Minor; William Jansen, as Guardian Ad Litem for Tom Jansen, a Minor; Joe Kasten and Sheilah Kasten, as Guardians Ad Litem for Shannon Kasten, a Minor; Barry Edwards and Mona Edwards, as Guardians Ad Litem for Marce Edwards, a Minor; Cordes Lowery and Sharon Lowery, as Guardians Ad Litem for Matt Lowery, a Minor; David Frost; Josh Olson; and Chuck Kostur and Dianne Kostur, as Guardians Ad Litem for Kay Kostur, a Minor, Petitioners on Review, v. Mark KUBIACZYK; Al Davidian; Russ Joki; Pat Biggs; Jack Clinton; Mike Nelson; Richard Carlson; Gary Cumpston; and the Tigard-Tualatin School District 23 J, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided May 25, 1995.

Attorney(s) appearing for the Case

Jonathan M. Hoffman, of Martin, Bischoff, Templeton, Langslet & Hoffman, Portland, argued the cause for petitioners on review. With him on the petition was Michael G. Harting.

Duane A. Bosworth, of Davis Wright Tremaine, Portland, argued the cause for respondents on review. With him on the brief was Gustavo J. Cruz, Jr.

GRABER, Justice.

The issue in this case is whether the Court of Appeals erred when, sua sponte, it reversed a circuit court judgment from which plaintiffs had appealed and remanded the case with instructions to dismiss the complaint and vacate the judgment, on the ground that "there was no justiciable controversy before the circuit court when it entered judgment on plaintiffs' [claims]." Barcik v. Kubiaczyk, 127 Or.App. 273

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