Opinion
A8203-01392; CA A32526
Argued and submitted April 26, 1985
Appeal dismissed May 22, 1985 Reconsideration allowed by opinion August 7, 1985 See 74 Or. App. 670, 704 P.2d 521 (1985)
Appeal from Circuit Court, Multnomah County.
William E. Hurley, Judge.
Jack Ofelt, Jr., Portland, argued the cause and filed the briefs for appellant.
Craig C. Murphy, Portland, argued the cause for respondent. With him on the brief was Wood Tatum Mosser Brooke Holden, Portland.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Appeal dismissed.
In this action for personal injuries, defendant filed a third-party complaint against Mar-Kem (USA) Corporation. After some preliminary discovery procedures were completed, the third-party defendant filed a "Motion to Dismiss and Alternative Motions for Summary Judgment and Motion to Strike," together with a memorandum and supporting affidavits. After further discovery, the third-party defendant was dismissed without prejudice by a stipulated order signed by counsel for plaintiff, defendant and third-party defendant.
Plaintiff appeals from a judgment entered on a jury verdict following trial on this action against defendant. His notice of appeal was not served on third-party defendant Mar-Kem, as required by ORS 19.023(2)(a). Failure to serve the notice of appeal on a party who has appeared in an action is jurisdictional, ORS 19.033, requiring dismissal of the appeal. Jacobson v. Mt. Park Home Owners Assn., 65 Or. App. 269, 670 P.2d 633 (1983), rev den 296 Or. 253 (1984).
Appeal dismissed.