McCarvill v. McCarvill

Plaintiff appeals from a judgment of dismissal for want of prosecution. We reverse and remand.

On October 5, 1995, plaintiff filed a complaint for damages against defendant for slander per se. The complaint alleged that defendant made false “unfounded and unrelated outrageous allegations into the public court record” during plaintiffs sentencing hearing and that the statements were not privileged because they were not elements of the judicial proceeding taking place. On November 29, 1995, plaintiff filed a “Motion for Entry of Order of Default; Order.” Pursuant to ORCP 69 A, plaintiff moved…