Webb v. Underhill

Defendant Lavelle Underhill appeals from a default judgment for plaintiffs Wayne Webb and Delores Rhodig in an action for the partition of real property. ORS 105.205. Underhill assigns error to three trial court rulings that preceded the entry of the default judgment: (1) the denial of her motion to dismiss this action under ORCP 21 A(3) on the ground that another action was pending between the same parties for the same cause; (2) the grant of Webb’s and Rhodig’s motion for a default order; and (3) the denial of Underhill’s motion to set aside the default order. Because we agree that the…