Opinion
No. (A123830) (S53511).
September 19, 2006.
Appeal from the 204 Or App 129.
Petitions for Review Allowed
Defendant's petition for review is allowed. The decision of the Court of Appeals is vacated and the appeal is dismissed. The case is remanded to the Malheur County Circuit Court with instructions to vacate the judgment, leaving in place the intermediate order that reflects the disposition of a portion of plaintiffs' claim. See Lesch v. DeWitt, 317 Or 585, 589-90, 858 P2d 872 (1993) (ORCP 67 B judgment is not final and appealable when it disposes only of portion of claim rather than fully adjudicating entire claim); Dept. of Rev. v. Universal Foods Corp., 311 Or 537, 544-49, 815 P2d 1237 (1991) (when one of two theories supporting one legal right is not adjudicated, claim is not finally determined and is not appealable); and May v. Josephine Memorial Hospital, 297 Or 525, 530-31, 686 P2d 1015 (1984) (ORCP 67 B gives no discretion to treat as final that which is only partial adjudication of interests of party or adjudication of fewer than all grounds alleged in support of single claim).