Oregon Supreme Court, 1984

Spielman v. First Interstate Bank

Spielman v. First Interstate Bank
Oregon Supreme Court · Decided March 27, 1984
296 Or. 660; 678 P.2d 1226; 1984 Ore. LEXIS 1183

Spielman v. First Interstate Bank

Opinion of the Court

PER CURIAM

The Court of Appeals dismissed petitioner’s appeal for lack of jurisdiction because petitioner had failed to serve notice of appeal upon the clerk of the trial court as required by ORS 19.023(2)(b). We allowed review. In McQuary v. Bel Air Convalescent Home, Inc., 296 Or 653, 678 P2d 1222 (1984) we hold that service of the notice of appeal on court reporters and clerks of trial courts, though required by ORS 19.023(2), is not “jurisdictional” under ORS 19.033(2). See also Bauman v. Gittelsohn, 296 Or 663, 678 P2d 1226 (1984).

We therefore reverse the dismissal of the appeal and remand the case to the Court of Appeals for further proceedings.

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