In re the Marriage of Housley

In this dissolution of marriage proceeding, husband appeals an order granting wife’s motion to set aside the judgment of dissolution, which was entered after wife failed to appear for trial. The trial court, in setting aside the judgment pursuant to ORCP 71 B(l)(a), found “excusable neglect” on wife’s part.

Wife has moved to dismiss the appeal, asserting that the trial court’s order is not an appealable order. We initially denied the motion, but we now reconsider our earlier ruling and conclude that the trial court’s order is not appealable under ORS 19.205 (2001), amended by Or Laws 2003, ch…