Stein Enterprises, Inc. v. Shaw

Court of Appeals of Oregon

Stein Enterprises, Inc. v. Shaw

642 P.2d 702, 56 Or. App. 603, 1982 Ore. App. LEXIS 2841

CourtCourt of Appeals of Oregon

DecidedMarch 29, 1982

DocketNo. 80-1407-E, CA A22520

StatusPublished

This text of 642 P.2d 702 (Stein Enterprises, Inc. v. Shaw) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stein Enterprises, Inc. v. Shaw, 642 P.2d 702, 56 Or. App. 603, 1982 Ore. App. LEXIS 2841 (Or. Ct. App. 1982).

Pincite

Opinion

PER CURIAM

Appellant petitions for reconsideration of the order of this court dismissing its appeal as not having been timely filed. It correctly points out that the purported notice of appeal was filed with the clerk of the circuit court on October 9, 1981, the last day of the 30-day time period allowed by ORS 19.026(1). However, ORS 19.023(2), prior to amendment by Or Laws 1981, ch 177, provided:

“A party to a judgment desiring to appeal therefrom * * * shall cause a notice, signed by himself or his attorney, to be served on all parties * * * and file the original, with proof of service endorsed thereon or affixed thereto, with the clerk.” (Emphasis added.)

A review of the trial court file discloses that the notice of appeal filed with the clerk of the court was not the original and was unsigned.

Reconsideration granted. Because our acknowledged error does not change the result, we affirm our previous order.

Free access — add to your briefcase to read the full text and ask questions with AI