Van Dyke v. Varsity Club, Inc.

Defendant did not appear for trial, and the court entered a judgment for plaintiffs. Defendant contends that the trial court should have granted its motion to set aside the judgment under ORCP 71B. We reverse.

On June 19,1986, plaintiffs filed a complaint alleging conversion, trespass and interference with plaintiffs’ business by defendant. After a series of ORCP 21 motions by defendant and repleadings by plaintiffs, plaintiffs filed a third amended complaint on July 20,1987. Defendant filed its answer on July 28,1987.

A trial date was set for March 13, 1989. The circuit court sent computerized…