ORS 19.245
Who may appeal

  • appeal of default judgments and judgments taken by confession
  • appeal of stipulated judgments

(1)

Except as provided in subsections (2) and (3) of this section, any party to a judgment may appeal from the judgment.

(2)

A party to a judgment given by confession or for want of an answer may not appeal from the judgment except as follows:

(a)

A plaintiff, third party plaintiff or a party who pleaded a cross-claim or counterclaim may appeal from the judgment if the judgment is not in accord with the relief demanded in the complaint.

(b)

A defendant may appeal from the judgment if the trial court has entered a default judgment against the defendant as a sanction or has denied a motion to set aside a default order or judgment.

(c)

A defendant may appeal from the judgment if it is void.

(3)

A party to a stipulated judgment may appeal from the judgment only if:

(a)

The judgment specifically provides that the party has reserved the right to appellate review of a ruling of the trial court in the cause; and

(b)

The appeal presents a justiciable controversy. [Formerly 19.020; 1999 c.367 §1; 2001 c.541 §1]

Source: Section 19.245 — Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

Where nothing in record or claims made by purported appellant identified any interest in or relationship to domestic relations case, appeal dismissed because it was brought by nonparty. Davis and Davis, 97 Or App 594, 776 P2d 877 (1989)

“Judgment . . . by confession” means judgment entered pursuant to voluntary act or agreement of one party. Russell v. Sheahan, 324 Or 445, 927 P2d 591 (1996)

Person stipulating to judgment loses status as “party to judgment” and waives ability to appeal stipulated judgment. Russell v. Sheahan, 324 Or 445, 927 P2d 591 (1996); Jensen and Jensen, 169 Or App 19, 7 P3d 691 (2000). But see Brown and Shiban, 155 Or App 238, 963 P2d 105 (1998), Sup Ct review denied

Default judgment under ORCP 69A is judgment “for want of answer.” Gibbons and Gibbons, 153 Or App 377, 956 P2d 1069 (1998), on reconsideration 155 Or App 262, 964 P2d 1050 (1998)

Stipulated judgment is not made appealable by judgment provision that attempts to reserve party’s right of appeal. Rauda v. Oregon Roses, Inc., 329 Or 265, 986 P2d 1157 (1999)

Prohibition against appeal from judgment entered for want of answer applies to appeal from final disposition of petition terminating parental rights. State ex rel Juvenile Dept. v. Jenkins, 209 Or App 637, 149 P3d 324 (2006), Sup Ct review denied

19.005
Definitions
19.205
Appealable judgments and orders
19.215
Determining amount in controversy in class action for purposes of appeal
19.225
Appealability of certain orders in class actions
19.235
Jurisdiction for determining whether decision is appealable
19.240
How appeal to Court of Appeals taken
19.245
Who may appeal
19.250
Contents of notice of appeal
19.255
Time for service and filing of notice of appeal
19.260
Filing by mail or delivery
19.265
Payment of filing fee
19.270
Appellate jurisdiction of Supreme Court and Court of Appeals
19.275
Continuing jurisdiction of trial court in certain domestic relations cases
19.300
Undertakings on appeal generally
19.305
Qualifications of sureties
19.310
Waiver, reduction or limitation of undertaking
19.312
Supersedeas undertaking in certain actions against tobacco product manufacturer
19.315
Requirements for use of letter of credit
19.320
Expiration and renewal of letter of credit
19.325
Payment on letter of credit
19.330
Stays generally
19.335
Stay by filing of supersedeas undertaking
19.340
Waiver of supersedeas undertaking
19.345
Enforcement of judgment in contract action notwithstanding appeal
19.350
Discretionary stay by court
19.355
Stay of domestic relations judgment
19.360
Appellate review of trial court orders relating to undertakings and stays
19.365
Preparation and transmission of record generally
19.370
Certification and service of transcript
19.375
Cost of transcript
19.380
Agreed narrative statement
19.385
Audio records
19.390
Bill of exceptions not required
19.395
Time extensions for preparation of record
19.400
Where appeals heard
19.405
Certification of appeal to Supreme Court
19.410
Stipulated dismissals
19.415
Scope of appellate review
19.420
Action by appellate court on appeal
19.425
Review of intermediate orders
19.430
Review of trial court order granting a new trial on court’s own initiative
19.435
Memorandum decisions
19.440
Award of attorney fees authorized by statute
19.445
Damages upon affirmance of judgment
19.450
Appellate judgment
19.500
Service of documents under provisions of chapter
19.510
Powers of successor trial judge with respect to appeals
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