Otnes v. PCC Structurals, Inc.

Pursuant to UTCR 21.080(5)(a), "A filer who resubmits a document under this subsection must include: '(i) [a] cover letter that sets out the date of the original submission and the date of rejection and that explains the reason for requesting that the date of filing relate back to the original submission.'" (emphasis omitted).

Plaintiff sought reconsideration of an order by the Appellate Commissioner who dismissed her appeal for lack of jurisdiction. Plaintiff assigned error to the Appellate Commissioner's construction of statutes and rules on filing. On appeal, Plaintiff argued that the motion and notice of appeal were both timely; claiming that Defendant waived their ability to object by citing irrelevant law. In response, Defendant argued their motion to dismiss the appeal was proper because Plaintiff's motion for a new trial was filed outside the 10-day period dictated by ORCP 64 F. Additionally, Defendant argued that the appeal period ran from the date of judgment rather than the order, and was therefore outside the 30 day judgment pursuant to ORS 19.255(1). Pursuant to UTCR 21.080(5)(a), "A filer who resubmits a document under this subsection must include: '(i) [a] cover letter that sets out the date of the original submission and the date of rejection and that explains the reason for requesting that the date of filing relate back to the original submission.'" (emphasis omitted). The Court held that it lacked jurisdiction to entertain Plaintiff's appeal and that Plaintiff's appeal was untimely.

Appeal dismissed.