Duckworth v. Duckworth

“Oregon circuit courts have subject matter jurisdiction to decide title disputes.” While circuit courts “are free to resolve title disputes in FED actions,” they “are not necessarily required to.” See Bunch v. Lowry, 313 Or App 398, 399 n 1 (2021).

After inheriting the motel where Plaintiffs lived and worked from her husband, Defendant terminated their employment and occupancy of the premises. Defendant prevailed in the forcible entry and detainer (FED) action and Plaintiffs filed a civil suit. Plaintiffs appealed a grant of summary judgment for Defendant after the lower court found that the FED judgment was entitled to preclusive effect. They argued the circuit courts lack jurisdiction to decide FED disputes. Defendant relied on Lawton v. Simpson, 133 Or App 489 (1995) and argued that circuit courts can resolve ownership disputes when deciding possession. “Oregon circuit courts have subject matter jurisdiction to decide title disputes.” While circuit courts “are free to resolve title disputes in FED actions,” they “are not necessarily required to.” (emphasis in original); see Bunch v. Lowry, 313 Or App 398, 399 n 1 (2021). To determine whether the Oregon circuit courts have the jurisdiction to resolve FED disputes, the Court looked at 179 years of the history of FED laws and disputes. The Court concluded that the lower court did have jurisdiction to grant summary judgment and correctly gave the FED judgment preclusive effect. Affirmed.