Thornton v. Slack

719 P.2d 66, 79 Or. App. 371

• Court: Court of Appeals of Oregon
• Decided: May 14, 1986
• Docket: 83-1605C; CA A35161
• Status: Published

Opinion

PER CURIAM

This action originated with claims against Jerome Ward and defendant. Ward’s motion for summary judgment was granted and, on July 12, 1984, a judgment was entered dismissing the complaint as to him and awarding him costs and disbursements. Later, defendant’s motion for summary judgment was granted and, on February 19, 1985, a judgment was entered in his favor and awarding him costs and disbursements.

A notice of appeal was filed on March 15, 1985, at which time the failure to serve the notice on all parties who had appeared in an action, ORS 19.023(2)(a),¹ was jurisdictional, former ORS 19.033(2),² requiring a dismissal of the appeal. Jacobson v. Mt. Park Home Owners, Assn., 65 Or App 269, 670 P2d 633 (1983), rev den 296 Or 253 (1984); Rhodes v. Eckelman, 78 Or App 660, 717 P2d 653 (1986). Plaintiff did not serve the notice of appeal on Ward.

Appeal dismissed.

1 ORS 19.023 provides, in part:

“(2) The appeal shall be taken by causing a notice of appeal, in the form prescribed by ORS 19.029, to be served:

“(a) On all parties who have appeared in the action, suit or proceeding.”

2 Former ORS 19.033(2) provided:

“The serving and filing of the notice of appeal as provided in ORS 19.023, 19.026 and 19.029 is jurisdictional and may not be waived or extended.”