Opinion
A8401-00467; CA A31662
Argued and submitted December 3, 1984
Reversed and remanded January 16, 1985
Appeal from Circuit Court, Multnomah County.
Charles S. Crookham, Judge.
Michael J. Martinis, Salem, argued the cause for appellants. With him on the brief was Webb Martinis, Salem.
Mildred J. Carmack, Portland, argued the cause for respondents. With her on the brief were Mark H. Wagner and Schwabe, Williamson, Wyatt, Moore Roberts, Portland.
Before Gillette, Presiding Judge, and Warden and Young, Judges.
PER CURIAM
Reversed and remanded.
In this invasion of privacy case, plaintiffs' complaint was found insufficient under ORCP 21A(8) and was dismissed with prejudice. Plaintiffs appeal. We hold that the trial court should have given plaintiffs the opportunity to plead further. ORCP 25A.
Our disposition of this case makes plaintiffs' other assignments of error either premature or moot.
Reversed and remanded.