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ASSOC. UNIT OWNERS OF TIMBERCREST v. WARREN

C090892CV; A146137.

256 P.3d 146 (2011)

242 Or. App. 425

The ASSOCIATION OF UNIT OWNERS OF TIMBERCREST CONDOMINIUMS, an Oregon non-profit corporation, Plaintiff-Appellant, v. Gale Allen WARREN, dba Big Al's Construction, Defendant-Respondent, and Lighthouse Two, LLC, a Washington limited liability company; John Does 1-3; and Harry G. Cretin, P.E., an Oregon corporation, Defendants.

Court of Appeals of Oregon.

Appellant's Response to Respondent's Motion to Determine Jurisdiction December 28, 2010.

Decided April 27, 2011.

Attorney(s) appearing for the Case

Thomas M. Christ and Cosgrave Vergeer Kester LLP for motion.

Ryan D. Harris and Vial Fotheringham LLP contra.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.

WOLLHEIM, P.J.

We write to address this issue of appellate procedure: When a party has filed a motion for new trial and a notice of appeal is filed before the motion for new trial is decided, must the appellant file a new notice of appeal after the motion for new trial is decided? We conclude that no new notice of appeal is required. Accordingly, we grant respondent's motion for determination of jurisdiction, determine that the court has jurisdiction of this appeal...

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