Opinion · Orlaw Oregon

STEIN ENTERPRISES, INC. v. SHAW, 56 Or. App. 603 (1982)

STEIN ENTERPRISES, INC., Appellant, v. SHAW, Respondent., 642 P.2d 702 (Or. Ct. App. 1982)

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1981-12-18
Topic
general

STEIN ENTERPRISES, INC. v. SHAW, 56 Or. App. 603 (1982) 642 P.2d 702 STEIN ENTERPRISES, INC., Appellant, v. SHAW, Respondent. No. 80-1407-E, CA A22520Oregon Court of Appeals.

Citator

UpLaw has not yet analyzed STEIN ENTERPRISES, INC. v. SHAW, 56 Or. App. 603 (1982). The absence of a flag is not a finding that it is good law.

STEIN ENTERPRISES, INC. v. SHAW,56 Or. App. 603(1982)
642 P.2d 702
STEIN ENTERPRISES, INC.,Appellant,v. SHAW,Respondent.
No. 80-1407-E, CA A22520
Oregon Court of Appeals.
On appellant's reconsideration of dismissal filed December 18, 1981,
reconsideration granted; prior order affirmed March 29, petition for
review denied May 4, 1982 (291 Or. 104)
Appeal from Circuit Court, Josephine County.

L. A. Cushing, Judge.
On appellant's petition for reconsideration of dismissal filed December 18, 1981. Motion to dismiss filed October 27, 1981, and allowed November 27, 1981.
Donald H. Coulter, and Myrick, Coulter, Seagraves Myrick, Grants Pass, for petition.
Before Thornton, Presiding Judge, and Warden and Young, Judges.
PER CURIAM

Reconsideration granted; prior order affirmed.Page 604
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 ORS19.026(1). However, ORS19.023(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 byhimself or his attorney,to be served on all parties * * * andfile the original,with proof of service endorsed thereon or affixed thereto,withthe 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.Page 605