Junction City Water Control District v. Elliott

Respondent has moved for an order dismissing the appeal. The issue is whether the notice of appeal was timely filed. We hold that it was not and allow the motion.

Respondent filed an action in Lane County circuit court to acquire an easement through appellant’s farm. On March 31, 1983, the trial court entered an order granting respondent’s motion for summary judgment. Respondent submitted to the trial court a proposed “Order and Judgment,” which was signed and entered on April 4, 1983. However, appellant was never sent notice of the entry of the judgment as required by ORCP 70B. On July 20,…