State v. Nelson
Case #: A146238
Ortega, P.J. for the Court; Haselton, C.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A146238.pdf
Appellate Procedure: A motion for relief from default order from the Circuit Court does not qualify as an appealable order under ORS 138.053.
Defendant appealed the circuit court’s order denying his motion for a relief from default. Defendant originally appealed the municipal court’s conviction for interfering with a peace officer, but failed to appear at the hearing. Defendant filed a motion for relief from default claiming, through an affidavit, that he was present minutes after his appeal was dismissed. Defendant argued that the circuit court lacked the authority to dismiss an appeal and alternatively that because he was there a few minutes after the dismissal, he had good cause to set aside the dismissal. The Court of Appeals found that they lacked jurisdiction over the appeal because it did not fit under the definition of ORS 138.053, and therefore dismissed it. The order from which Defendant appealed is not a judgment under ORS 138.053 because it was an order denying his motion for relief from default. As prerequisite for review by the Court of Appeals, the Defendant must have appealed from a judgment or order that is cognizable under ORS 138.053(1). Dismissed.