De Lanoy v. Taylor

"[W]hen only one party asks for a declaration, it is incumbent on the court to declare the respective rights of the parties." See Akles v. State of Oregon, 298 Or App 283, 284, 444 P3d 532 (2019).

Defendant appealed the trial court's decision declaring the Plaintiff the rightful owner of a dog. Defendant assigned error to the procedural propriety of Plaintiff’s replevin claim. On appeal, Defendant argued the trial court erred by granting replevin to Plaintiff because the procedure in ORCP 83 A is the only way to get replevin and Plaintiff failed to do so.  Further, Defendant had counterclaimed seeking a declaratory judgment on ownership of the dog.  "[W]hen only one party asks for a declaration, it is incumbent on the court to declare the respective rights of the parties." See Akles v. State of Oregon, 298 Or App 283, 284, 444 P3d 532 (2019). Defendant failed to identify the ruling she assigned error to and as such failed to comply with ORAP 5.45(3).  Because the Defendant did not challenge the declaratory judgment counterclaim, the trial court's decision is affirmed.