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SPIELMAN, Petitioner on Re v. ew,

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 for lack of jurisdiction because petitioner had failed to serve notice of appeal upon the clerk of the trial court as required by ORS 19.023 (2)(b). We allowed review. 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 Bauman v. Gittelsohn, 296 Or. 663, 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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SPIELMAN v. FIRST INTERSTATE BANK
(Mar 27, 1984)