Opinion
A8209-05754; CA A26279
Submitted on record and briefs August 31, 1983
Appeal dismissed January 1, 1984 Reinstated by order February 9, 1984 See 68 Or. App. 843, 683 P.2d 149 (1984)
Appeal from Circuit Court, Multnomah County.
Alan F. Davis, Judge.
Bob Goldstein and Ron McCarty, Portland, filed the briefs pro se for appellants.
Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and Kay Kiner James, Assistant Attorney General, Salem, filed the brief for respondent Norma Paulus.
John B. Leahy, Portland, waived appearance for respondent William Radakovich.
Before Gillette, Presiding Judge, and Warden and Young, Judges.
PER CURIAM
Appeal dismissed.
At the direction of defendant Paulus, Secretary of State, defendant Radakovich, acting in his capacity as Director of Elections for Multnomah County, removed plaintiffs' names from the list of candidates in the Multnomah County general election to be held on November 2, 1982. Plaintiffs filed a complaint, alleging that defendants acted in an arbitrary and capricious manner and deprived them of their civil rights to campaign for office. Pursuant to ORS 246.910(1), plaintiffs' also filed a motion for a temporary restraining order seeking their reinstatement as candidates in the upcoming election. On October 7, 1982, a hearing was held before the trial court at which exhibits were received and testimony was given. The trial court orally denied plaintiffs' motion for a temporary restraining order. On October 28, 1982, it entered a judgment dismissing plaintiffs' action with prejudice. Plaintiffs appeal; we dismiss the appeal.
Plaintiffs' notice of appeal was served on defendants, on the judge who presided at trial and on the official court reporter. The notice of appeal was not served on the clerk of the trial court. ORS 19.023(2)(b) mandates that service be made on the "clerk of the trial court." ORS 19.033(2) provides that the service and filing of the notice of appeal is jurisdictional. See Bauman v. Gittelsohn, 64 Or. App. 849, 669 P.2d 1188, rev allowed, 296 Or. 195 (1983).
Appeal dismissed.