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S.W. v. SCHELLENBERG

94-1397-L-3; CA A93540.

952 P.2d 567 (1998)

S.W., a Minor, Plaintiff, and Marlene Wilson, Appellant, v. Allen H. SCHELLENBERG and Donna A. Schellenberg, Respondents.

Court of Appeals of Oregon.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Lee S. Werdell, Medford, argued the cause for appellant. With him on the brief was Werdell, Charter & Hanson.

Keith J. Bauer, Salem, argued the cause for respondent Allen H. Schellenberg. With him on the brief were Billy M. Sime, Ralph C. Spooner and Mary Kim Wood.

Ralph C. Spooner, Salem, argued the cause for respondent Donna A. Schellenberg. With him on the brief were Mary Kim Wood, Keith J. Bauer and Billy M. Sime.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

Plaintiff appeals a judgment dismissing her battery and negligence claims against her mother and father. We conclude that plaintiff's notice of appeal was not timely filed and dismiss her appeal.

Plaintiff's original notice of appeal in this case was filed on September 7, 1995, in response to an August 21, 1995, judgment dismissing her claims. On September 15, 1995, we ruled that plaintiff had appealed from a nonfinal judgment, because...

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