Douglas National Bank v. Becker

Defendant Becker1 appeals from an order denying his motion to set aside the default judgment entered against him. He relies on ORCP 71B(l)(a) and ORCP 69B(2). We affirm.

ORCP 71B(1) provides, in relevant part:

“On motion and upon such terms as are just, the court may relieve a party or such party’s representative from a judgment for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect * * *.”

Defendant argues that the trial court abused its discretion in denying his motion to set aside the judgment under ORCP 71B(1)(a). Defendant’s trial counsel thought that his…