B & R Equipment Sales, Inc. v. Commons

Defendant appeals a judgment based on an order of default. Defendant’s answer was stricken by the court under ORCP 46D for failure to appear for deposition. Plaintiff then filed a single motion for an order of default and a judgment based on that order. Plaintiff concedes that it did not give defendant notice that it was applying for an order of default or a judgment. Defendant did not move to set aside the order of default, ORCP 69C, or the judgment, ORCP 71B, but appealed the judgment to this court.

His only assignment is that the court erred in allowing plaintiffs “Motion for Default…