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BELINSKEY v. CLOOTEN

080507057; A140228.

239 P.3d 251 (2010)

237 Or. App. 106

Robyn M. BELINSKEY, Plaintiff-Appellant, v. Julia R. CLOOTEN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 1, 2010.

Attorney(s) appearing for the Case

Willard E. Merkel , Portland, argued the cause for appellant. With him on the briefs was Merkel & Associates.

Wendy M. Margolis , Portland, argued the cause for respondent. With her on the brief were Julie A. Smith and Cosgrave Vergeer Kester LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and SERCOMBE, Judge.

SCHUMAN, J.

This case requires us to construe ORS 12.220, commonly referred to as a "saving statute," which provides that, if an action is first filed within the statute of limitations and then "involuntarily dismissed without prejudice on any ground not adjudicating the merits of the action," a new action may be filed within 180 days "after the judgment dismissing the original action is entered in the register of the court," notwithstanding that the statute of limitations...

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