Spielman v. First Interstate Bank
This text of 678 P.2d 1226 (Spielman v. First Interstate Bank) 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.
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
678 P.2d 1226, 296 Or. 660, 1984 Ore. LEXIS 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spielman-v-first-interstate-bank-or-1984.