Trucke v. Baughman

LINDER, J. pro tempore

Mother appeals a default judgment that, among other things, awarded father full custody of their child and required mother to pay father monthly child support. The trial court reinstated the default judgment after it had exercised its discretion under ORCP 71 B1 to set it aside on grounds of excusable neglect. In reinstating the judgment, the trial court determined that it committed legal error in initially setting aside the judgment and that it had no discretion to do so. On appeal, we agree with mother that the trial court properly exercised its discretion to set aside…