Terlyuk v. Krasnogorov

The trial court granted defendant’s motion to set aside a default judgment on plaintiffs’ personal injury claim pursuant to ORCP 71 B(1)(a) (“mistake, inadvertence, surprise, or excusable neglect”), and plaintiffs appeal, contending that defendant failed to establish a basis for relief from the default judgment. Defendant argued to the trial court that relief should be allowed because of his mistake or excusable neglect. Plaintiffs contend that the trial court based its order setting aside the judgment on a determination that defendant’s default was the result of a mistake. Plaintiffs assert…