Guembes v. Roberts

Summarized by:

  • 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

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).

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 Reconsideration allowed; previous order withdrawn. 

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