Ailes v. Portland Meadows, Inc

In Ailes v. Portland Meadows, Inc., 312 Ore. 376, 381, 823 P.2d 956 (1991), the Supreme Court explained the test for determining under ORAP 5.45(2) whether an error is apparent on the face of the record. The Court held "that the error must be one 'of law'; that it must be 'apparent,' i.e., the point must be obvious, not reasonably in dispute; and that it must appear 'on the face of the record,' i.e., the reviewing court must not need to go outside the record to identify the error or choose between competing inferences, and the facts constituting the error must be irrefutable." (Ailes, 312 Ore. at 381-82.)