GUERIN v. BEAMER

(97CV0036; CA A102184)

986 P.2d 1241 (1999)

163 Or. App. 172

Johnnie N. GUERIN and Tonya R. Dixon, Appellants, v. Dr. Leland P. BEAMER, Respondent.

Court of Appeals of Oregon.

Decided September 29, 1999.


Attorney(s) appearing for the Case

Brian C. Joyce, Portland, filed the brief for appellants.

Marjorie A. Speirs, Janet M. Schroer and Hoffman, Hart & Wagner, Portland, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

Plaintiffs filed a notice of dismissal on the day that argument was set on defendant's motion for summary judgment. The trial court granted defendant's summary judgment motion, ruled that plaintiffs' notice of dismissal was moot, and entered judgment for defendant. We reverse and remand.

Plaintiffs sued defendant for medical malpractice. On September 29, 1997, defendant filed a motion for summary judgment. The motion was supported by defendant...

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