Court of Appeals of Oregon June 28, 1995, 9409-06732; CA A85941 (Limbrick v. Presiding Judge)

EDMONDS, J.

Plaintiff appeals the trial court’s striking under ORCP 21 E of his complaint for declaratory relief alleging that his constitutional right to appear in court proceedings in his criminal trial had been denied.1 He argues that the trial court erred in ruling that his complaint is frivolous and does not state a justiciable controversy. See ORS 28.010. We affirm.