In re the Marriage of Praegitzer

This is an appeal from an order awarding respondent a judgment for attorney’s fees. The proceeding was instituted by the personal representative of petitioner’s estate on a motion to set aside the decree dissolving the marriage of appellant’s decedent and respondent. The motion was filed pursuant to ORS 18.160 on the grounds that the decree of dissolution was entered through the parties’ inadvertence and excusable neglect.

Respondent relies on ORS 107.405 to support the award to her of attorney’s fees. ORS 107.405 provides:

"When a court is sitting in proceedings for annulment or dissolution of…