Contents of notice of appeal
Source:
Section 19.250 — Contents of notice of appeal, https://www.oregonlegislature.gov/bills_laws/ors/ors019.html.
Notes of Decisions
Where case was tried on single point, and respondent did not allege prejudice, failure to file statement of points relied upon with appeal did not require dismissal of appeal. Gowans v. Northwestern Pac. Indem. Co., 260 Or 618, 489 P2d 947, 491 P2d 1178 (1971)
Where cause of action was equitable in nature, designated record must consist of entire record of proceeding. Moore v. Brown, Burke, 19 Or App 199, 527 P2d 132 (1974)
Where notice of appeal is timely served and filed, appellate court has jurisdiction and may exercise discretion whether failure to comply with statutory form for notice of appeal warrants dismissal. Pohrman v. Klamath County Commissioners, 272 Or 390, 538 P2d 70 (1975)
Where new counsel is appointed for appeal, trial counsel has obligation to assist in preparing designation of record and statement of points where required by this section. State ex rel Acocella v. Allen, 288 Or 175, 604 P2d 391 (1979)
Under this section, together with [former] ORS 19.078 and [former] ORS 138.185, imposing duty on court reporter to produce transcript within 30 days, reporter lacked authority to determine for herself that free-lance depositions had priority over timely filing of transcripts. In the Matter of Virginia Hanks, 44 Or App 521, 606 P2d 1151 (1980), aff’d 290 Or 451, 623 P2d 623 (1981)
Notice of appeal which recited wrong date for entry of judgment and attached copy of order denying new trial rather than copy of judgment did not deprive Court of Appeals of jurisdiction over appeal since notice was given that it was “judgment” from which appeal was to be taken. Werline v. Webber, 54 Or App 415, 635 P2d 15 (1981), Sup Ct review denied
Where language in notice of appeal and brief was singular, but attorney identification implied both appellants, appeal did not omit necessary party. Street v. Gibson, 60 Or App 768, 655 P2d 604 (1982), aff’d on other grounds, 295 Or 112, 663 P2d 769 (1983)
Court of Appeals had jurisdiction to hear appeal where notice of appeal described non-appealable order, but also referred to a judgment and copy of judgment was attached. Ensley v. Fitzwater, 293 Or 158, 645 P2d 1062 (1982)
Notice of appeal was sufficient to perfect appeal against plaintiffs as representatives of class as well as individuals, as class members are not “parties” within meaning of this section and, accordingly, did not have to be named in or served with notice of appeal. Guinasso v. Pacific First Federal, 89 Or App 270, 749 P2d 577 (1988), Sup Ct review denied, on reconsideration95 Or App 233, 769 P2d 212 (1989)
Notice of appeal is not jurisdictionally defective because it attaches wrong document or incorrectly identifies date of judgment as long as there is final judgment. Smith and Koors, 149 Or App 198, 942 P2d 807 (1997); Crainic v. Multnomah County Adult Care Home Program, 190 Or App 134, 78 P3d 979 (2003)
Law Review Citations
51 OLR 652, 655, 656 (1972); 73 OLR 785 (1994)
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