GADDA v. GADDA

(CC DR0111242; CA A123921; SC S52228).

136 P.3d 1099 (2006)

341 Or. 1

Kathleen GADDA, Respondent on Review, v. Marc V. GADDA, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided June 8, 2006.


Attorney(s) appearing for the Case

Janet M. Schroer, of Hoffman, Hart & Wagner, LLP, Portland, argued the cause for petitioner on review. With her on the briefs was Cecil A. Reniche-Smith.

Thomas A. Bittner, of Schulte, Anderson, Downes, Aronson & Bittner, PC, Portland, argued the cause for respondent on review. With him on the briefs was Michael J. Fearl.


DE MUNIZ, C.J.

This case requires us to determine whether an appellant "delivered" a notice of appeal, pursuant to ORCP 9 B, sufficient to provide the Court of Appeals with appellate jurisdiction. The Court of Appeals held that husband, the appellant, failed to serve the notice of appeal and dismissed for lack of jurisdiction. For the reasons outlined below, we conclude that husband timely served the notice of appeal. We therefore reverse the decision of the Court...

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