Legal Opinion · Dissent

In re the Marriage of Smith

Court of Appeals of Oregon

Decided July 9, 1997No. 15-93-07671; CA A86296Published

1DissentHaselton, J.

This appeal should be dismissed for lack of jurisdiction. Stahl v. Krasowski, 281 Or 33, 573 P2d 309 (1978); Kent v. Lindstedt, 138 Or App 316, 908 P2d 833 (1995).

A notice of appeal, viewed in its entirety, must include some “intelligible reference * * * to the judgment being appealed.” Grant County Federal Credit Union v. Hatch, 98 Or App 1, 6 n 4, 777 P2d 1388, rev den 308 Or 592 (1989). That requirement is jurisdictional:

“If anything within the notice of appeal is jurisdictional, * * * it must be a description of what action of the trial court is appealed from, because, other than the…

2Cases cited6 opinions

  1. Matter of Marriage of MullinaxOregon Supreme Court · 1982
  2. Stahl v. KrasowskiOregon Supreme Court · 1978
  3. Ensley v. FitzwaterOregon Supreme Court · 1982
  4. Werline v. WebberCourt of Appeals of Oregon · 1981
  5. Grant County Federal Credit Union v. HatchCourt of Appeals of Oregon · 1989

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