Denkers v. Durham Leasing Co.

Defendant Hunt appeals from a default judgment entered in an action for breach of contract and deceit, contending that plaintiffs notice of application for a default judgment did not conform to the requirements of ORCP 69B. We agree and reverse and remand.

On November 22, 1983, plaintiff served defendant with a notice of intent to apply for a default order, which indicated that the hearing on the application would be held on November 29,1983. Plaintiff appeared on November 29,1983, and the court entered an order of default on that date. On December 1, 1983, the court vacated the order on its…