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KELLY v. LESSNER

060809121; A135003.

197 P.3d 52 (2008)

224 Or. App. 31

Tracy A. KELLY, Plaintiff-Appellant, v. Todd LESSNER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 19, 2008.

Attorney(s) appearing for the Case

Jeffrey S. Frasier, Portland, argued the cause for appellant. With him on the briefs were Brian D. Chenoweth and Chenoweth Law Group, PC.

Todd Van Rysselberghe, Portland, argued the cause for respondent. With him on the brief were Daniel L. Keppler and Kennedy, Watts, Arellano & Ricks LLP.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Plaintiff appeals a judgment dismissing her amended complaint for failure to commence her action against defendant within the statute of limitations. ORCP 21 A(9). Our review of an order granting an ORCP 21 A(9) motion to dismiss is limited to the face of the pleadings. In conducting that review, we assume the truth of all allegations in the complaint and give the plaintiff, as the nonmoving party, the benefit of all favorable inferences that could be...

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