Brood v. Davis, TC
| Decision Date | 07 November 1979 |
| Docket Number | No. TC,E-1,TC |
| Citation | 605 P.2d 749,44 Or.App. 261 |
| Parties | Dwayne BROOD, Appellant, v. R. G. DAVIS, Respondent. 77-2486-; CA 10201; SC 25918. . Submitted on Appellant's Petition for Reconsideration |
| Court | Oregon Court of Appeals |
Dwayne Brood, Medford, in pro. per. for petition.
This case is before us on petitioner's petition for reconsideration. We reverse our former opinion.
The facts of the case are set forth in our previous opinion and will not be restated here, save to note that petitioner, who was the defendant in a district court case, had pleaded a counterclaim in excess of the district court's jurisdiction and had moved to transfer the case to circuit court pursuant to ORS 46.070. The district court struck the counterclaim and refused to transfer the case. On writ of review, the circuit court affirmed. We also affirmed, reasoning that under the facts alleged, no counterclaim could be stated. Brood v. Davis, 42 Or.App. 587, 601 P.2d 487, 491 (1979).
A "cause authorized by this chapter to be so transferred" is one in which a defendant has pleaded a counterclaim in excess of the jurisdictional amount, has moved that the cause be transferred to circuit court and has tendered the transfer fee. ORS 46.070.
The statutes do not authorize or permit scrutiny of the counterclaim for sufficiency by the district court. They require transfer. See Marquam Investment v. Brewer, 40 Or.App. 175, 594 P.2d 1327 (1979).
The petition for reconsideration is granted and our former opinion is reversed.
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...be pled and proven in an abuse of process claim. See Brood v. Davis, 42 Or.App. 587, 601 P.2d 487, reversed on other grounds, 44 Or.App. 261, 605 P.2d 749 (1980). Partly to avoid a needless decision of state law, I decline to exercise pendent jurisdiction over the counterclaim. The counterc......
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...be assessed punitive damages in the sum of $1,000.00." In Brood v. Davis, 42 Or.App. 587, 593-94, 601 P.2d 487 (1979), modified 44 Or.App. 261, 605 P.2d 749, rev. den. 289 Or. 1 (1980), we held that a counterclaim failed to state a cause of action for abuse of process because it did not all......
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Bergstrom v. Buchholz Industries, Inc., 202826
...may neither strike the counterclaim in whole or in part nor refuse to transfer the matter to the circuit court. Brood v. Davis, 44 Or.App. 261, 263, 605 P.2d 749 (1980). Upon defendant's compliance with the transfer provisions of ORS 46.070, the district court's function becomes a purely mi......