- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 07-31-2019
- Case #: A168274
- Judge(s)/Court Below: DeVore, J. for the Court; Egan, C.J.; Armstrong, J.; Ortega, J.; Hadlock, J.; Lagesen, J.; Tookey, J.; DeHoog, J.; Shorr, J.; James, J.; Aoyagi, J.; Powers, J.; Mooney, J.
- Full Text Opinion
Defendant appealed an order by the Appellate Commissioner that dismissed her original appeal for lack of jurisdiction since her notice of appeal appeared to have been filed late. The original appeal was for a general judgment convicting her of motor vehicle violations, ORS 811.175 and ORS 803.175. On appeal, Defendant argued that mailing by ordinary first-class mail should be the equivalent of filing under ORS 19.260(1)(a)(B), and therefore her notice of appeal was timely. “Given . . . statutory and legislative history [of ORS 19.260(1)(a)(B)] we conclude that ordinary first-class mail was not what the legislature intended by the phrase. . . ‘mailed or dispatched by a class of delivery calculated to achieve within three calendar days . . ." The drafters intended to expand the categories of registered or certified mail to include expedited delivery services, but the drafters conspicuously refrained from substituting ordinary first-class mail.” The Court held that since the legislative history indicated that ORS 19.260(1)(a)(B) was not written to include first-class mail, Defendant did not provide a means of filing upon mailing under such statue. Therefore, the Court lacks jurisdiction to entertain Defendant's appeal as the notice was filed too late.
Reconsideration allowed; order of dismissal adhered.