Appeals

ORS 19.270
Appellate jurisdiction of Supreme Court and Court of Appeals

  • trial court jurisdiction to enter appealable judgment or order


(1)

The Supreme Court or the Court of Appeals has jurisdiction of the cause when the notice of appeal has been served and filed as provided in ORS 19.240 (How appeal to Court of Appeals taken), 19.250 (Contents of notice of appeal) and 19.255 (Time for service and filing of notice of appeal). The trial court may exercise those powers in connection with the appeal as are conferred by law, and retains jurisdiction in the matter for the following purposes:

(a)

Deciding requests for attorney fees, costs and disbursements or expenses pursuant to ORCP 68 or other provision of law.

(b)

Enforcing the judgment, subject to any stay of the judgment.

(c)

Deciding a motion for judgment notwithstanding the verdict under ORCP 63.

(d)

Deciding a motion for new trial under ORCP 64.

(e)

Deciding a motion for relief from judgment under ORCP 71 B.

(2)

The following requirements of ORS 19.240 (How appeal to Court of Appeals taken), 19.250 (Contents of notice of appeal) and 19.255 (Time for service and filing of notice of appeal) are jurisdictional and may not be waived or extended:

(a)

Service of the notice of appeal on all parties identified in the notice of appeal as adverse parties or, if the notice of appeal does not identify adverse parties, on all parties who have appeared in the action, suit or proceeding, as provided in ORS 19.240 (How appeal to Court of Appeals taken) (2)(a), within the time limits prescribed by ORS 19.255 (Time for service and filing of notice of appeal).

(b)

Filing of the original of the notice of appeal with the Court of Appeals as provided in ORS 19.240 (How appeal to Court of Appeals taken) (3), within the time limits prescribed by ORS 19.255 (Time for service and filing of notice of appeal).

(3)

After the Supreme Court or the Court of Appeals has acquired jurisdiction of the cause, the omission of a party to perform any of the acts required in connection with an appeal, or to perform such acts within the time required, shall be cause for dismissal of the appeal. In the event of such omission, the court, on motion of a party or on its own motion may dismiss the appeal. An appeal dismissed on a party’s motion or on the court’s own motion may be reinstated upon showing of good cause.

(4)

Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction, with leave of the appellate court, to enter an appealable judgment or order if the appellate court determines that:

(a)

At the time of the filing of the notice of appeal the trial court intended to enter an appealable judgment or order; and

(b)

The judgment or order from which the appeal is taken is defective in form or was entered at a time when the trial court did not have jurisdiction of the cause under subsection (1) of this section, or the trial court had not yet entered an appealable judgment or order.

(5)

Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction:

(a)

To enter in the trial court register a judgment or order that the trial judge signed before the notice of appeal was filed;

(b)

To enter an order or supplemental judgment under ORCP 71 or ORS 19.275 (Continuing jurisdiction of trial court in certain domestic relations cases), 107.105 (Provisions of judgment) (4) or 107.452 (Reopening case if assets discovered after entry of judgment); and

(c)

To enter an order or supplemental judgment for the purpose of implementing a settlement as allowed by ORS 19.410 (Stipulated dismissals) (3).

(6)

Jurisdiction of the appellate court over a cause ends when a copy of the appellate judgment is mailed by the State Court Administrator to the court from which the appeal was taken pursuant to ORS 19.450 (Appellate judgment), except that the appellate court may:

(a)

Recall the appellate judgment as justice may require;

(b)

Stay enforcement of the appellate judgment to allow the filing of a petition for writ of certiorari to the Supreme Court of the United States; and

(c)

Stay enforcement of the appellate judgment pending disposition of the matter by the Supreme Court of the United States or for such other time as the Oregon appellate court may deem appropriate.

(7)

If a limited or supplemental judgment is appealed, the jurisdiction of the appellate court is limited to the matters decided by the limited or supplemental judgment, and the trial court retains jurisdiction over all other matters in the proceeding.

(8)

After jurisdiction of the appellate court ends, all orders which may be necessary to carry the appellate judgment into effect shall be made by the court from which the appeal was taken. [Formerly 19.033; 2003 c.576 §86; 2005 c.568 §25c; 2007 c.66 §1; 2013 c.10 §1]

(formerly 19.033)

Notes of Decisions

It is consistent with the 1959 revision to hold that when notice of appeal, in any form, is served and filed, the appellate court has jurisdiction. Pohrman v. Klamath Co. Comm. 272 Or 390, 538 P2d 70 (1975). But see Stahl v. Krasowski, 281 Or 33, 573 P2d 309 (1978)

Failure to properly describe trial court action being appealed from is jurisdictional defect requiring dismissal. Stahl v. Krasowski, 281 Or 33, 573 P2d 309 (1978)

An award of attorney fees by supplemental decree is not among powers which trial court may exercise after notice of appeal has been filed. Bank of Oregon v. Hiway Products Inc., 41 Or App 223, 598 P2d 318 (1979)

Trial court has no authority to set aside one judgment and enter another for sole purpose of extending time to appeal. Far West Landscaping v. Modern Merchandising, 287 Or 653, 601 P2d 1237 (1979)

Where court reporter had statutory duty to produce transcript within 30 days, only Court of Appeals had authority, under this section, to determine when performance of that duty could be excused due to extraneous circumstances. In the Matter of Virginia Hanks, 44 Or App 521, 606 P2d 1151 (1980), aff'd 290 Or 451, 623 P2d 623 (1981)

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)

Trial court's order for attorney fees and costs, entered after first notice of appeal was filed, is void. Truax and Truax, 62 Or App 130, 659 P2d 983 (1983)

Where husband appealed support awards and interest rate and, while appeal was pending, moved trial court to modify decree as to support payments, motion in trial court was nullity because trial court no longer had jurisdiction in the case; overruling Wilson v. Wilson, 242 Or 201, 407 P2d 898, 408 P2d 940 (1965). Nickerson and Nickerson, 296 Or 516, 678 P2d 740 (1984)

Action that is without legal effect and that can further no interest of party does not constitute acquiescence in judgment precluding appeal. Nickerson and Nickerson, 296 Or 516, 678 P2d 740 (1984)

Notice to court reporters and clerks of trial courts is not jurisdictional within the meaning of this section. McQuary v. Bel Air Convalescent Home, Inc., 296 Or 653, 678 P2d 1222 (1984); Custom Harvesting Oregon v. Smith Truck and Tractor, 296 Or 711, 628 P2d 268 (1984)

This statute has not been interpreted to mean that compliance with every detail specified anywhere in [former] ORS 19.023 to 19.029 is necessary to give appellate courts jurisdiction of an appeal. McQuary v. Bel Air Convalescent Home, Inc., 296 Or 653, 678 P2d 1222 (1984)

Where record does not disclose whether trial court intended to dispose of defendant's counterclaim or intended to enter appealable judgment without doing so, this section, which provides that trial court shall have jurisdiction, with leave of appellate court, to enter appealable judgment, is inapplicable. Central Oregon Production Credit v. Butler, 82 Or App 203, 728 P2d 53 (1986)

Notice of appeal from judgment entered pursuant to ORCP 67B does not divest trial court of jurisdiction to try remaining claims against other parties not affected by judgment. State ex rel Gattman v. Abraham, 302 Or 301, 729 P2d 560 (1986)

"Cause" may include case or proceeding or any part thereof, depending upon circumstances, for which judgment has been entered. State ex rel Gattman v. Abraham, 302 Or 301, 729 P2d 560 (1986)

Where petitioner sought post-conviction relief contending he had received invalid consecutive sentences and post-conviction court dismissed petition and entered order relying on grounds neither presented to court nor responsive to petition, remand to Court of Appeals for consideration to enter proper final order was appropriate. Wilson v. Maass, 305 Or 434, 752 P2d 840 (1988)

Trial court may be given authority to enter appealable judgment only if it has decided all triable issues and only action remaining to be taken is entry of judgment embodying decision. State v. Rickey, 97 Or App 41, 775 P2d 327 (1989); State v. Cortright, 136 Or App 421, 902 P2d 598 (1995)

After parents prematurely filed notice of appeal from jurisdictional determination, juvenile court lacked jurisdiction to disposition. State ex rel Juv. Dept. v. Boyce, 99 Or App 43, 781 P2d 369 (1989)

Where appeals were not taken from appealable judgments court must not consider merits unless court makes determination granting trial court leave to enter appealable judgment. State v. Bonner, 307 Or 598, 771 P2d 272 (1989)

This statute does not limit trial courts' continuing authority to administer probation, which, despite filing of appeal, includes modifying conditions of probation "at any time." State v. Peterson, 116 Or App 418, 841 P2d 666 (1992)

Where Court of Appeals gains jurisdiction over case when notice of appeal is filed and subsequently determines that trial court "judgment" is defective in form and grants trial court leave to enter appealable judgment, this section does not require appellant to file new or amended notice of appeal for Court of Appeals to retain jurisdiction. Baugh v. Bryant Limited Partnerships, 312 Or 635, 825 P2d 1383 (1992)

Requirement for filing of modified appeal to challenge supplemental judgment awarding attorney fees applies only if original appeal is still pending at time supplemental judgment is issued. Ricciardi v. Frink, 133 Or App 436, 891 P2d 1336 (1995), Sup Ct review denied

Where trial court is otherwise authorized to appoint counsel, authority continues during appeal. Cerda and Cerda, 136 Or App 104, 901 P2d 263 (1995), Sup Ct review denied

Jurisdiction of appellate court is not defeated by incorrect recitations if notice of appeal contains information sufficient to identify appealable judgment and give notice to adverse parties. State v. Etchison, 142 Or App 396, 921 P2d 1333 (1996), Sup Ct review denied

If parties with interest in judgment receive reasonable notice that their rights in particular judgment might be affected, content defect in notice is not jurisdictionally fatal. Jeffries v. Mills, 165 Or App 103, 995 P2d 1180 (2000)

During pendency of appeal from judgment of dissolution of marriage, trial court retains subject matter jurisdiction over motions requesting temporary orders regarding care, custody, support and maintenance of minor children and regarding parenting time rights. Chester and Chester, 172 Or App 462, 18 P3d 1111 (2001)

For appeal notice mailing date to be effective as date of service on party or attorney, notice must be timely mailed to last known address as provided in ORCP 9B. McCall v. Kulongoski, 339 Or 186, 118 P3d 256 (2005)

Where appellant timely filed and served copy of notice of appeal on other party in action but failed to serve notice of appeal on party's attorney required under this section, result was jurisdictional defect that deprived Court of Appeals of jurisdiction. J.A.H. v. Heikkila, 355 Or 753, 333 P3d 275 (2014)

Trial court lacks jurisdiction to enter order determining merits of issue where appeal from previous order on same issue is pending. Johnson v. Premo, 287 Or App 307, 403 P3d 547 (2017)

Law Review Citations

51 OLR 652 (1972)

Chapter 19

Notes of Decisions

This chapter does not apply to workers' compensation proceedings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff'd 295 Or 448, 667 P2d 529 (1983)


Source

Last accessed
Jun. 26, 2021