ORS 19.425¹
Review of intermediate orders
  • directing restitution

Upon an appeal, the appellate court may review any intermediate order involving the merits or necessarily affecting the judgment appealed from; and when it reverses or modifies such judgment, may direct complete restitution of all property and rights lost thereby. [Formerly 19.140; 2003 c.576 §283]

(formerly 19.140)

Notes of Decisions

In cases in which a demurrer has been sustained to one of several causes of ac­tion or theories of recovery alleged, the filing of an amended complaint omitting the cause or theory to which the demurrer was sustained does not waive the pleader’s right on ap­peal to object to the sustaining of the demurrer. Moore v. W. Lawn Memorial Park, 266 Or 244, 512 P2d 1344 (1973)

Order requiring husband to pay travel and lodging expenses for wife to return to Oregon to appear against mo­tion to eliminate spousal support was reviewable because husband could not obtain hearing on merits of mo­tion until he had paid wife’s expenses. Scholze and Scholze, 68 Or App 679, 682 P2d 827 (1984), Sup Ct review denied

Order disposing of mo­tion for new trial is subject to review only upon timely ap­peal as provided in ORS 19.255 (Time for service and filing of notice of appeal), not as intermediate order. E.A. Mock & Sons, Inc. v. Mehdizadehkashi, 91 Or App 453, 755 P2d 739 (1988)

Chapter 19

Notes of Decisions

This chapter does not apply to workers’ compensa­tion pro­ceed­ings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff’d 295 Or 448, 667 P2d 529 (1983)

1 Legislative Counsel Committee, CHAPTER 19—Appeals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors019.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 19, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano019.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information