John Deere Company v. Epstein

Full title: JOHN DEERE COMPANY, Respondent — Cross-Appellant v. EPSTEIN, Respondent …

Court: Oregon Court of Appeals

Date published: Jan 2, 1986

713 P.2d 1097 (Or. Ct. App. 1986)

713 P.2d 1097

Opinion

35203; CA A36833

On appellant — cross-respondent's reconsideration filed January 2, 1986 on dismissal of appeal; reconsideration allowed, appeal reinstated February 12, 1986

Appeal from Circuit Court, Deschutes County, Thomas M. Mosgrove, Judge.

Brian J. MacRitchie and MacRitchie Lewis, Bend, for the petition.

Before Warden, Presiding Judge, and Young and Warren, Judges.

PER CURIAM

Petition for reconsideration allowed; appeal reinstated.

PER CURIAM

On our own motion, we dismissed appellant's appeal as untimely filed because he "filed his notice of appeal within 30 days of the date the judgment herein was docketed instead of 30 days of the date the judgment was entered in the trial court's register." Appellant petitioned for review. We allow his petition for reconsideration pursuant to ORAP 10.10(1) and reinstate the appeal. Gordon v. Schumacher, 77 Or. App. 435, 713 P.2d 658 (1986).

Petition for reconsideration allowed; appeal reinstated.