- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 06-28-2017
- Case #: A163784
- Judge(s)/Court Below: Egan, P.J. for the Court; & Garrett, J.
- Full Text Opinion
Defendant sought reconsideration of an Appellate Commissioner’s order that dismissed his appeal due lack of jurisdiction based on the failure to file a new or amended notice of appeal after a judgment was entered. Defendant filed a notice of appeal after the judgment was signed but before it was entered into the case register. Defendant did not file a new or amended notice after the judgment was entered. Pursuant to ORS 19.270, the Court of Appeals has jurisdiction to decide the merits of an appeal in the absence of a new or amended notice to appeal if the initial notice was filed prematurely. Assoc. Unit Owners of Timbercrest Condo. v. Warren, 242 Or App 425, 436-37, 256 P3d 146 (2011), aff’d on other grounds, 352 Or 583, 288 P3d 958 (2012). The Court of Appeals held that it is not necessary to file a new notice or amended notice to appeal after a judgment is entered and that it has jurisdiction in this appeal. Reconsideration allowed; previous order withdrawn.