There are a number of procedural twists and turns to follow, so please read the entire case:
McCollum V. Kmart (SC S057609) (En Banc), filed February 19, 2010:
Excerpts: “This is a personal injury case in which defendant appealed an order granting plaintiff a new trial. The Court of Appeals determined that the trial court’s stated grounds for ordering a new trial, as well as certain alternative grounds urged by plaintiff to support the order, were not adequate bases for that relief. McCollum v. Kmart Corporation, 228 Or App 101, 207 P3d 1200 (2009) (McCollum II). The Court of Appeals therefore reversed the trial court’s order and remanded with instructions to reinstate the judgment for defendant. Id. at 123….
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On December 4, 2006, the trial court signed and filed an order granting plaintiff’s motion for new trial. On that same date, the trial court also signed and filed a letter opinion addressed to counsel for the parties in which the court explained the basis for its decision. On the second and last page of the letter opinion, the letter stated: “Enclosed is a conformed copy of the Court’s Order Allowing New Trial.” The letter also had the notation “enclosure” in a footer on the last page.
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The other issue that has arisen with some frequency is what form of document will constitute an “order.” More specifically, the question has been whether a memorandum (or letter) opinion constitutes an order. This court’s answer has been: it does not. Ernst, 208 Or at 451. In Ernst, we reasoned that, in general, an opinion (written or oral) is not the equivalent of an order. Id. (citing cases). Moreover, an appeal can be taken only from a “final appealable order,” not from an “opinion.” Id.
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