Opinion
90 03 01511; CA A68113
Argued and submitted October 7, 1991.
Reversed and remanded on fraud claim; affirmed November 13, 1991
Appeal from Circuit Court, Multnomah County. Robert L. Kirkman, Judge. (Trial) Marshall L. Amiton, Judge pro tempore. (Order)
Michael McGrady, Eugene, argued the cause and filed the briefs for appellant.
Don S. Willner, Portland, argued the cause for respondent. With him on the brief were Rebecca E. Swanson and Willner, Zabinsky, Dorsay Cordello, Portland.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Reversed and remanded on fraud claim; otherwise affirmed.
In her second amended complaint, plaintiff sued defendant for malpractice and fraud. The trial court dismissed both claims on defendant's ORCP 21A(8) motion. Defendant concedes that the motion was not directed at the fraud claim and that dismissing that claim was error.
Reversed and remanded on fraud claim; otherwise affirmed.