Duvall v. McLeod

BREWER, J.,

specially concurring.

I agree with Judge De Muniz in dissent that the majority opinion defines the word “accompany” too expansively, given its plain, natural and ordinary meaning. The ORCP 71 motion in this case was not “accompanied” by an answer. However, for the following reasons, I agree with the majority that the trial court did not abuse its discretion in permitting the tender and filing of an answer that did not accompany the motion to set aside judgment.

As the dissent observes, it is true that the trial court ruled orally that it would permit filing of an answer disputing…