Legal Opinion
Fiala v. Motor Vehicles Division
Court of Appeals of Oregon
Decided August 17, 1977No. 421-646, CA 7277PublishedCited by 1 opinion
1Opinion of the CourtRichardson, J.
The issue in this appeal is whether the failure of the Motor Vehicles Division to file a responsive pleading to a petition for appeal of a driver’s license suspension pursuant to ORS 482.560 is grounds for a default judgment under ORS 18.080.
Following a hearing before the Motor Vehicles Division pursuant to ORS 482.550, petitioner’s driver’s license was suspended for refusal to submit to a breathalyzer test. ORS 482.540. Petitioner filed a petition for appeal of the suspension in the circuit court under ORS 482.560(1) and served a copy of the petition on the Division. Subsequently, the…
2Cases cited6 opinions
- Bienz v. City of DaytonCourt of Appeals of Oregon · 1977
- Heer v. Department of Motor VehiclesOregon Supreme Court · 1969
- Garcia v. Department of Motor VehiclesOregon Supreme Court · 1969
- Ames v. MOTOR VEHICLES DIV., DEPT. OF TRANSP.Court of Appeals of Oregon · 1974
- Maupin v. State ex rel. Department of Motor VehiclesCourt of Appeals of Oregon · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Blackburn v. MOTOR VEHICLES DIVISION, DEPT.Court of Appeals of Oregon · 1978