Legal Opinion
Wood v. James W. Fowler Co.
Court of Appeals of Oregon
Decided June 7, 2000No. 973636; CA A106029PublishedCited by 13 opinions
1Opinion of the CourtHaselton, J.
Defendant appeals from the trial court’s denial of its motion to set aside a judgment of default. ORS 19.205(2)(c). The dispositive issue is whether the trial court erred in determining that defendant had not established that its failure to appear was the product of “excusable neglect” within the meaning of ORCP 71 B(1)(a). We conclude that this case is materially indistinguishable from Reitz v. Coca-Cola, 36 Or App 487, 584 P2d 791 (1978), and, consequently, reverse and remand.
The material facts are uncontroverted. In late March 1997, plaintiffs’ attorney sent a demand letter to defendant,…
2Cases cited12 opinions
- Hiatt v. Congoleum Industries, Inc.Oregon Supreme Court · 1977
- King v. MitchellOregon Supreme Court · 1950
- Lowe v. Institutional Investors TrustOregon Supreme Court · 1974
- Hackett v. Alco Standard Corp.Court of Appeals of Oregon · 1984
- Reitz v. COCA-COLA BOTTLING CO. OF EUGENECourt of Appeals of Oregon · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ballard v. City of AlbanyCourt of Appeals of Oregon · 2008
- National Mortgage Co. v. Robert C. Wyatt, Inc.Court of Appeals of Oregon · 2001
- Montoya v. Housing Authority of PortlandCourt of Appeals of Oregon · 2004
- Mary Ebel Johnson, P.C. v. ElmoreCourt of Appeals of Oregon · 2008
- Johnson v. Sunriver Resort Ltd. PartnershipCourt of Appeals of Oregon · 2012
8 more not listed; retrieve them via the Exa API.