City of Portland v. Carriage Inn

Petitioner seeks review of the dismissal of his appeal by the Court of Appeals for lack of jurisdiction. The Court of Appeals dismissed plaintiffs appeal from a judgment dated September 9, 1982, as untimely because plaintiff could have appealed from an order entered on June 4, 1982, that dismissed the plaintiffs complaint without leave to replead.

The Court of Appeals quoted the dispositive portion of the circuit court’s “Order”:

“IT IS ORDERED that Defendants’ motion is granted in its entirety, and the complaint is dismissed, without leave to replead.”

The Court of Appeals then held that this…