ENSLEY v. FITZWATER

CA No. 19525; SC No. 28541.

645 P.2d 1062 (1982)

293 Or. 158

Clifford O. ENSLEY, Petitioner On Review, v. W. Dean FITZWATER, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided June 2, 1982.


Attorney(s) appearing for the Case

Gilah Tenenbaum, Portland, argued the cause and filed the brief for petitioner on review.

Nancy S. Tauman, Oregon City, argued the cause and filed the brief for respondent on review.


CAMPBELL, Justice.

The issue in this case is: Does an appellate court have jurisdiction over an appeal where the notice of appeal describes a nonappealable order but also refers to a judgment and a copy of the judgment is attached?

The trial court granted defendant's motion for summary judgment by an order dated October 27, 1980. The court denied plaintiff's motion for rehearing by an order dated November 3, 1980. The court entered judgment for defendant on...

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