Mullens v. L. Q. Development, Oregon Ltd.

*602VANHOOMISSEN, J.

Plaintiffs seek reinstatement of their appeal which was dismissed by the Court of Appeals on the ground that plaintiffs had “failed to timely serve the original notice of appeal on [defendant].”1 Because we conclude that the Court of Appeals used the wrong legal standard in assessing whether plaintiffs’ service was timely, we reverse the order of dismissal and remand for further proceedings.2

On July 26,1990, after summary judgment proceedings, a judgment was entered dismissing plaintiffs’ complaint. On August 21,1990, plaintiffs timely filed a “NOTICE OF APPEAL” from that…