ORS 19.240¹

How appeal to Court of Appeals taken

(formerly 19.023)

Notes of Decisions

Failure to attach proof of service is not jurisdic­tional defect. Pohrman v. Klamath Co. Commrs., 272 Or 390, 538 P2d 70 (1975)

It is not necessary as a matter of due process that, for the protec­tion of the children’s interests, a parent’s right to ap­peal from an order terminating parental right be foreclosed for failure to serve notice of ap­peal on children. State ex rel Juvenile Dept. of Multnomah County v. Navarette, 29 Or App 121, 563 P2d 1221 (1977)

In equity case reviewed de novo, where defendant ap­peals from only por­tion of decree, and plaintiff fails to file notice of ap­peal or to cross-ap­peal, plaintiff cannot raise other objec­tions to trial court’s decree. Williams v. Mallory, 284 Or 397, 587 P2d 85 (1978)

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)

Party whose stipulated order for dismissal without prejudice was signed by trial court had appeared within meaning of this sec­tion and failure to serve that party with notice of ap­peal re­quired dismissal of ap­peal for lack of jurisdic­tion. Jacobson v. Mountain Park Homeowners Assoc., 65 Or App 269, 670 P2d 633 (1983), Sup Ct review denied

When transcript is designated, service of notice of ap­peal on trial court reporter within statutory time period is jurisdic­tional and failure to serve such notice of ap­peal re­quired dismissal for lack of jurisdic­tion. State v. Hutchinson, 66 Or App 970, 675 P2d 1112 (1984)

Required notice to court reporters and clerks of trial courts is not “jurisdic­tional” within meaning of [former] ORS 19.033. 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, 678 P2d 268 (1984)

Service on law firm, which was plaintiff in ac­tion on debt, did not constitute service on individual firm members who were third party defendants in complaint for legal malpractice, a separate ac­tion. O’Connell, Goyak and Ball v. Silbernagel, 297 Or 207, 681 P2d 1159 (1984)

Private party specially appearing on collateral matter in crim­i­nal trial is not party entitled to notice on ap­peal from crim­i­nal con­vic­­tion. State v. Pelham, 136 Or App 336, 901 P2d 972 (1995), Sup Ct review denied

Where city attorney appears in traffic infrac­tion case on behalf of state, service of notice of ap­peal on city attorney is sufficient. City of Pendleton v. Elk, 137 Or App 513, 905 P2d 237 (1995)

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)

For service of notice of ap­peal to be proper, appellant or appellant’s agent must have taken ac­tion that caused notice to be served. Gadda v. Gadda, 341 Or 1, 136 P3d 1099 (2006)

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)