J. K. Gill Co. v. Fireside Realty, Inc.

Oregon Supreme Court

J. K. Gill Co. v. Fireside Realty, Inc.

490 P.2d 1262, 260 Or. 511, 1971 Ore. LEXIS 334

DecidedDecember 1, 1971

StatusPublished

This text of 490 P.2d 1262 (J. K. Gill Co. v. Fireside Realty, Inc.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. K. Gill Co. v. Fireside Realty, Inc., 490 P.2d 1262, 260 Or. 511, 1971 Ore. LEXIS 334 (Or. 1971).

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Opinion

PEE CUEIAM.

The respondent has moved to dismiss the appeal because the transcript was not settled within the time provided by OES 19.078(4). The appellant responded by having the transcript settled and by moving to be relieved from default and for an extension of time within which to file its brief.

The 1959 amendments to the appellate statutes granted this court the power to relieve parties from most of their defaults. We have granted relief despite some meager excuses. This practice causes delay and, therefore, will be discontinued except in eases in which there is obviously “reasonable excuse.” The respondent’s motion to dismiss, however, is denied because the appellant had no notice of our change of procedure. The appellant is granted through December 15, 1971, within which to file its brief. No further extension will be allowed.

Motion to dismiss denied.

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PEE CUEIAM.

The respondent has moved to dismiss the appeal because the transcript was not settled within the time provided by OES 19.078(4). The appellant responded by having the transcript settled and by moving to be relieved from default and for an extension of time within which to file its brief.

The 1959 amendments to the appellate statutes granted this court the power to relieve parties from most of their defaults. We have granted relief despite some meager excuses. This practice causes delay and, therefore, will be discontinued except in eases in which there is obviously “reasonable excuse.” The respondent’s motion to dismiss, however, is denied because the appellant had no notice of our change of procedure. The appellant is granted through December 15, 1971, within which to file its brief. No further extension will be allowed.

Motion to dismiss denied.

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Bluebook (online)

490 P.2d 1262, 260 Or. 511, 1971 Ore. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-k-gill-co-v-fireside-realty-inc-or-1971.