Varde v. Run! Day Camp For Dogs, LLC

"An appellate court cannot exercise appellate jurisdiction over an appeal unless a statute authorizes an appeal from the judgment or order that the trial court entered.” Rauda v. Oregon Roses, Inc., 329 Or 265, 268, 986 P2d 1157 (1999). ORS 19.245 outlines when an appeal from a stipulated judgment may occur: when specifically provided by the judgment and when an “appeal presents a justiciable controversy.”

Varde appealed the lower court’s stipulated general judgment which had been contemplated by the parties’ settlement agreement. Varde assigned error to the lower court entering the stipulated judgment and argued that a hearing regarding the motion to set aside was mandatory. “An appellate court cannot exercise appellate jurisdiction over an appeal unless a statute authorizes an appeal from the judgment or order that the trial court entered.” Rauda v. Oregon Roses, Inc., 329 Or 265, 268, 986 P2d 1157 (1999). ORS 19.245 outlines when an appeal from a stipulated judgment may occur: when specifically provided by the judgment and when an “appeal presents a justiciable controversy.” The Court held that jurisdiction was not proper because the requirements of ORS 19.245 were not met and no valid exceptions to the statute were present. The Court reasoned that Varde had consented to the stipulated judgment and the judgment had not reserved a right to appeal. Appeal dismissed.