RHODES v. ECKELMAN

TC 84-1140C; CA A36043; SC S32886.

728 P.2d 527 (1986)

302 Or. 245

Alfred A. RHODES and Norma D. Rhodes, Husband and Wife, Respondents On Review, v. Roy Fred ECKELMAN and Claudia Rae Eckelman, Husband and Wife, Defendants, Donald Parmalee and Lois Parmalee, Husband and Wife, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided November 20, 1986.


Attorney(s) appearing for the Case

John Paul Graff, Tigard, argued the cause on behalf of petitioners on review. James F. McCaffrey, Tigard, filed the petition.

John B. Lewis, Forest Grove, argued the cause and filed the response on behalf of respondents on review.


GILLETTE, Justice.

This case of a dismissed notice of appeal raises the single question of the application to be given Oregon Laws 1985, chapter 734, section 5, to appeals pending at the time it went into effect. That act amended the heretofore implacable standard of ORS 19.033(2) that declared that the failure of an appellant to serve notice of appeal on all parties in the trial court was a jurisdictional defect requiring dismissal of the appeal. As it is now written...

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