Goldmark v. Anderson

Defendants1 appeal the trial court’s denial of their motion to set aside a default judgment against them. We reverse and remand.. Plaintiff filed its complaint in late January or early February, 1984. Defendants’ attorney accepted service. On March 14, 1984, plaintiffs attorney mailed a letter, bearing that date, to defendants’ attorney. It stated, in part:

“Please see that an Answer is filed in the above captioned case at your earliest convenience. PURSUANT TO THE NOTICE REQUIRED BY OREGON RULES OF CIVIL PROCEDURE, I WILL SEEK AN ORDER OF DEFAULT AND JUDGMENT ON THURSDAY, MARCH 29,1984.

“I…