In re the Marriage of Henson

The issue is whether the notice of appeal is timely filed. Respondent contends that it is not, because it was filed 36 days after “entry” of the judgment by the clerk. Appellant, relying on ORCP 70B(1), argues that the time commences to run when the judgment appealed from is “docketed” in the judgment docket. If the judgment was entered1 on April 8, 1982, the notice of appeal is timely filed. The narrow issue is the meaning of “entry of the judgment” contained in ORS 19.026(1), which provides:

“Except as provided in subsections (2) and (3) of this section, the notice of appeal shall be served…