Propp v. Long

This is an appeal from a judgment for defendant in a negligence action. Defendant moves to dismiss the appeal on the ground that the notice of appeal was filed more than 30 days after plaintiffs motion for new trial was deemed denied under ORCP 64F. Plaintiff opposes the motion to dismiss and moves for a determination of appealability under ORS 19.034 and for leave to enter an appealable judgment under ORS 19.033(4) if the judgment is not final. We allow the motion for determination of appealability, determine the judgment to be final and dismiss the appeal.

Plaintiff argues that the judgment…