Opinion
TC A8204-02675; CA A29467; SC S30120
Argued and submitted March 5, 1984
Reversed and remanded March 27, 1984
In Banc
On review from the Court of Appeals.
Appeal from Multnomah County Circuit Court, Hon. James R. Ellis, Judge. Dismissal by Letter Order of Court of Appeals dated Oct. 5, 1983.
David Clark Miller, Portland, argued the cause for petitioner on review. With him on the brief was Miller Hodgson, P.C., Portland.
Lee C. Nusich, Portland, argued the cause for respondent on review. With him on the brief were Rick T. Haselton with Lindsay, Hart, Neil Weigler and the First Interstate Bank Legal Department, Portland.
PER CURIAM
Dismissal by the Court of Appeals is reversed. Remanded to that court for further proceedings in light of McQuary v. Bel Air Convalescent Home, Inc., 296 Or. 653, 678 P.2d 1222 (1984).
The Court of Appeals dismissed petitioner's appeal for lack of jurisdiction because petitioner had failed to serve notice of appeal upon the clerk of the trial court as required by ORS 19.023 (2)(b). We allowed review. In McQuary v. Bel Air Convalescent Home, Inc., 296 Or. 653, 678 P.2d 1222 (1984) we hold that service of the notice of appeal on court reporters and clerks of trial courts, though required by ORS 19.023 (2), is not "jurisdictional" under ORS 19.033 (2). See also Bauman v. Gittelsohn, 296 Or. 663, 678 P.2d 1226 (1984).
We therefore reverse the dismissal of the appeal and remand the case to the Court of Appeals for further proceedings.