MARICICH v. LACOSS

0305-04888; A126427.

129 P.3d 193 (2006)

204 Or. App. 61

Emil MARICICH Jr., Appellant, v. Robert LACOSS, Respondent.

Court of Appeals of Oregon.

Decided February 1, 2006.


Attorney(s) appearing for the Case

Brooks F. Cooper, Portland, argued the cause for appellant. With him on the briefs were James R. Cartwright and Brooks F. Cooper.

Terrance C. Hunt, Portland, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.


EDMONDS, P.J.

Plaintiff appeals a judgment dismissing without prejudice his complaint against defendant on the ground of forum non conveniens. Plaintiff contends that the court acted sua sponte in ordering the dismissal and that there was no legal or factual ground for such a dismissal. Defendant responds that the basis of the trial court's ruling was raised in defendant's answer and addressed in his motion for summary judgment. We reverse and remand...

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