Rhodes v. Eckelman

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, ORS 19.033(2) requires dismissal of an appeal only if the appealing party has neither served a copy of the notice of appeal on all parties nor…