Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

BLUNDELL et al, Respondents, v. HOLM et al, Defendants, NJUST, Appellant.

PER CURIAM

Former opinion withdrawn; appeal dismissed.

PER CURIAM

After our decision in this case, 71 Or. App. 256, 692 P.2d 145 (1984), and denial of respondents' petition for reconsideration, ORAP 10.10, respondents moved for determination of our jurisdiction. Respondents' motion was filed in the Supreme Court pursuant to ORAP 9.05(6). The Supreme Court granted respondents' petition for review and remanded the appeal to us for determination of our jurisdiction. The jurisdiction of an appellate court may be challenged at any time during the appellate process. ORAP 9.05(3).

Respondents contend that we did not have jurisdiction, because the appeal was taken from a nonappealable judgment. The complaint in this case was filed against three defendants: Holm, Mortgage Connections, Inc., and Njust. The judgment appealed from does not dispose of the claims against Holm or Mortgage Connections, Inc., and does not contain the findings or recitations required by ORCP 67B. It is therefore not a final, appealable judgment. Industrial Leasing Corp. v. Van Dyke, 285 Or. 375, 591 P.2d 352 (1979); City of Portland v. Carriage Inn, 296 Or. 191, 673 P.2d 531 (1983); May v. Josephine Memorial Hospital, 297 Or. 525, 686 P.2d 1015 (1984).

Former opinion withdrawn; appeal dismissed.

Use AI to get other relevant cases.

Comments

BLUNDELL v. HOLM
(Apr 24, 1985)