2606 BUILDING v. Mica or I Inc.

In this forfeiture of a commercial lease action, defendants appeal the trial court’s judgment in favor of plaintiffs. They assign error to the trial court’s order denying defendants’ motion under ORCP 23 A to file an amended answer containing the affirmative defense of excusable negligence and mistake, the trial court’s failure to consider that defense on the merits, and the trial court’s consequential entry of judgment in favor of plaintiffs. Because the trial court’s ORCP 23 A ruling was based on a “substantive legal conclusion,” we review for errors of law. Wallace v. Hinkle Northwest,…