Radmacher v. Archuleta

This was a suit in equity brought to establish an easement across defendants’ land and to require defendants to remove a fence. Plaintiff was awarded a decree and defendants appealed. This court raised the issue at the time of argument whether or not the notice of appeal had been timely filed and, thus, whether the court had jurisdiction. Counsel was subsequently requested to file memoranda on the subject. If the court is without jurisdiction to hear the appeal, it is its duty to dismiss the appeal upon its own motion. Industrial Leasing v. Van Dyke, 285 Or 375, 377, 591 P2d 352 (1979);…