McKinney v. McKinney

Wife filed a notice of appeal from a judgment of dissolution of marriage. Husband moved to dismiss wife’s appeal for lack of jurisdiction on the ground that wife failed to timely serve him with a copy of the notice of appeal. We conclude that wife did not timely serve husband, grant husband’s motion, and dismiss the appeal for lack of jurisdiction.

We begin with a brief summary of the principles that govern the filing and service of notices of appeal. ORS 19.255(1) provides, in part, that “a notice of appeal must be served and filed within 30 days after the judgment appealed from is entered in…