- Court: Oregon Court of Appeals
- Area(s) of Law: Property Law
- Date Filed: 09-01-2021
- Case #: A169787
- Judge(s)/Court Below: Per Curiam; Ortega, P.J.; Shorr, J.; & Powers, J.
- Full Text Opinion
Hersey appealed the dismissal of her claims for adverse possession and quiet title of an easement. Hersey assigned error to the trial court’s determination that the easement was a covenant that ran with the land. On appeal, Hersey argued that the Court’s covenant determination was incorrect and that the court erred in dismissing claims against certain parties that had previously defaulted. Respondents argued that the court made the same mistake with respect to certain parties regarding the quiet title claim. Oregon law states that “[a]n appellant bears the burden of providing a record sufficient to demonstrate that error occurred.” Ferguson v. Nelson, 216 Or App 541 (2007). Hersey’s motion for summary judgment was denied, and no legal conclusions in the letter opinion applied to the defaulted Respondents, nor did the Court make any findings of fact due to the nature of a summary judgment motion. See ORCP 47 C. Therefore, the Court held that Hersey failed to put on the record for appeal the exhibits that were needed to refute the trial court’s covenant determination, and without them, the error was not revisable. Additionally, the Court held that there remained substantial issues of fact which precluded a grant of summary judgment and that Hersey invited error when she asked the court to delay the entry of default judgment to “preserve a uniform outcome.” Affirmed.