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BAUMAN v. GITTELSOHN
PER CURIAM
Dismissal by the Court of Appeals is reversed. Remanded to that court for further proceedings in light of McQuary v. Bel Air Convalescent Home, Inc., 296 Or. 653, 678 P.2d 1222 (1984).
PER CURIAM
The Court of Appeals dismissed petitioner's appeal because petitioner failed to serve notice of appeal upon the clerk of the trial court as required by ORS 19.023 (2)(b). In McQuary v. Bel Air Convalescent Home, Inc., 296 Or. 653, 678 P.2d 1222 (1984), we hold that service of the notice of appeal on court reporters and clerks of trial courts, though required by ORS 19.023 (2), is not "jurisdictional" under ORS 19.033 (2). See also Spielman v. First Interstate Bank, 296 Or. 660, 678 P.2d 1226 (1984).
We therefore reverse the dismissal of the appeal and remand the case to the Court of Appeals for further proceedings.
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