Opinion
A8207-04201; CA A30172
On remand from Supreme Court ( 299 Or. 37, 698 P.2d 964); former opinion withdrawn, appeal dismissed April 24, 1985
Appeal from Circuit Court, Multnomah County.
Kathleen Nachtigal, Judge.
Paul D. Schultz, Oregon City, appeared for appellant. With him were Hibbard, Caldwell, Bowerman, Schultz Hergert, Portland.
William D. Bailey, Portland, appeared for respondent.
Before Richardson, Presiding Judge, and Warden and Newman, Judges.
PER CURIAM
Former opinion withdrawn; appeal dismissed.
After our decision in this case, 71 Or. App. 256, 692 P.2d 145 (1984), and denial of respondents' petition for reconsideration, ORAP 10.10, respondents moved for determination of our jurisdiction. Respondents' motion was filed in the Supreme Court pursuant to ORAP 9.05(6). The Supreme Court granted respondents' petition for review and remanded the appeal to us for determination of our jurisdiction. The jurisdiction of an appellate court may be challenged at any time during the appellate process. ORAP 9.05(3).
Respondents contend that we did not have jurisdiction, because the appeal was taken from a nonappealable judgment. The complaint in this case was filed against three defendants: Holm, Mortgage Connections, Inc., and Njust. The judgment appealed from does not dispose of the claims against Holm or Mortgage Connections, Inc., and does not contain the findings or recitations required by ORCP 67B. It is therefore not a final, appealable judgment. Industrial Leasing Corp. v. Van Dyke, 285 Or. 375, 591 P.2d 352 (1979); City of Portland v. Carriage Inn, 296 Or. 191, 673 P.2d 531 (1983); May v. Josephine Memorial Hospital, 297 Or. 525, 686 P.2d 1015 (1984).
Former opinion withdrawn; appeal dismissed.