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Appeal order moving from small to circuit

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Megadust

Junior Member
What is the name of your state (only U.S. law)? Oregon

I filed a small claim; defendant retained councel who got a pro-tem judge to sign an order moving case into circuit court even though

1) Defendant counsel never had permission to appear for defendant as required by ORS 55.090

2) Defendant counsel certifed counter-claim was of same transaction / event / controversy as small claim when he knew it was not (by prior representation) -- this is required by ORS 55.095

3) Defendant did not serve Plaintiff a copy of his motion/order to move into Circuit court; it was sent postage due and return to Defendant councel

Now case has been dismissed because court appointed arbritator failed to set hearing date in time so court issued general judgment; and yet Defendant attorney is now seeking prevailing & attorney fees

I wish to appeal the pro-tem decision to promote case from small claims department into full circuit court, as it was without merit or permission of the court to represent.
 


Megadust

Junior Member
Appeal Window Time

The circuit part closed 8/4/08 -- info I find on appeal is to appeal a "judgment" when my issue is a motion/order that needs judicial review / de novo. Currently drafting a motion to vacate general judgment of dismissal as response to defendants seeking money award & fee even though neither party prevailed -- including second motion to make the dismissal one with prejudice sighing defendants faulty motion to transfer as grounds.
 

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