Ray Klein, Inc. v. Wader

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Procedure
• Date Filed: 06-10-2015
• Case #: A156781
• Judge(s)/Court Below: Duncan, P.J.; Lagesen, J.; & Flynn, J.; Per Curiam

When a trial court dismisses a claim upon a plaintiff's request, the defendant has a right to continue with a counterclaim under ORCP 54A(2). If the trial court has the discretion to dismiss the counterclaim as well, it must create a sufficient record to reflect its discretionary decision.

Defendant appeals from a dismissed claim to which he filed a counterclaim. Plaintiff brought an action against Defendant, and Defendant filed a counterclaim. Plaintiff then filed a motion to dismiss the action with prejudice and without costs to either party, but did not mention the counterclaim. The action was dismissed, including the counterclaim. Defendant contends that he should have been able to proceed with his counterclaim since he filed before the motion to dismiss. The Court held that even if the trial court had the discretion to dismiss the counterclaim as well, it did not create a sufficient record to reflect that decision. Reversed and remanded.

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