Gadda v. Gadda

This case requires us to determine whether an appellant “delivered” a notice of appeal, pursuant to ORCP 9 B, sufficient to provide the Court of Appeals with appellate jurisdiction. The Court of Appeals held that husband, the appellant, failed to serve the notice of appeal and dismissed for lack of jurisdiction. For the reasons outlined below, we conclude that husband timely served the notice of appeal. We therefore reverse the decision of the Court of Appeals and reinstate the appeal.

The relevant facts are as follows. In mid-November 2003, attorney Phil Cobb began representing Kathleen Gadda…