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GOODMAN v. MICKA

51-95-05656; CA A96485.

949 P.2d 1222 (1997)

151 Or. App. 27

In the Matter of Norman R. Evonuk, a Protected Person. Diana GOODMAN, conservator, Appellant, v. Peter MICKA and Tereza Micka, husband and wife, Respondents.

Court of Appeals of Oregon.

Decided October 22, 1997.

Review Denied January 27, 1998.

Attorney(s) appearing for the Case

J. Michael Alexander argued the cause for appellant. With him on the briefs was Burt, Swanson, Lathen, Alexander, McCann & Smith, P.C.

Harold D. Gillis, Eugene, argued the cause for respondents. With him on the brief was Gleaves Swearingen Larsen Potter Scott & Smith, LLP.

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

EDMONDS, Judge.

This is a declaratory judgment action in which plaintiff sought a determination of the parties' respective interests in certain real property. ORS 28.010 et seq. The trial court granted defendants' motion for summary judgment, ORCP 47 C, ruling that no justiciable controversy existed and that plaintiff had "other and more appropriate remedies available." We reverse.

Plaintiff, as the conservator...

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