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MULLENS v. L.Q. DEVELOPMENT

CC 87-205-CV; CA A66237; SC S37834.

825 P.2d 1376 (1992)

312 Or. 599

Agnes M. MULLENS and Robert J. Wright, Petitioners On Review, v. L.Q. DEVELOPMENT, Oregon Ltd, an Oregon Partnership, Respondent On Review, and Donald E. Rowlett, Jean Rowlett, LeQuieu Enterprises Ltd, an Oregon Corporation; Kerns Bros Realty, a Partnership; High Desert Farm Supply, a California Partnership, William A. Green, Jr., Albert LeQuieu, Thora LeQuieu, Henry J. O'Keeffe, Patricia D. O'Keeffe, O'Keeffe Family Trust, Patricia Apodaca, Linda Apodaca, and Christine Mallory, Defendants.

Supreme Court of Oregon, In Banc.

Decided February 6, 1992.

Attorney(s) appearing for the Case

Robert J. Wright, pro se, argued the cause for petitioners on review. With him on the petition was Agnes M. Mullens, pro se.

No appearance contra.

David Gernant, Portland, argued the cause and filed a brief on behalf of amici curiae Oregon Trial Lawyers Ass'n and Oregon Ass'n of Defense Counsel. With him on the brief was Charles F. Adams, of Stoel, Rives, Boley, Jones & Grey, Portland.

VAN HOOMISSEN, Justice.

Plaintiffs seek reinstatement of their appeal which was dismissed by the Court of Appeals on the ground that plaintiffs had "failed to timely serve the original notice of appeal on [defendant]."1 Because we conclude that the Court of Appeals used the wrong legal standard in assessing whether plaintiffs' service was timely, we reverse the order of dismissal and remand for further proceedings.2<...

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