Custom Harvesting Oregon, Inc. v. Smith Truck & Tractor, Inc.

I respectfully dissent, because I find that this harsh result is not mandated by ORS 19.023(2)(c) or ORS 19.033 and because there is no compelling reason for this court to take such a hard line in this case. The result is simply unjust.

Defendants’ attorneys maintain their offices in Portland. The case was tried in Pendleton. Defendants’ notice of appeal was timely filed. Copies were served on the trial court clerk, on plaintiff’s attorney and on two court reporters. Later, one of defendants’ attorneys assigned to the appeal learned that a third reporter had participated in the trial. That…