Moser v. DKN Ind.

In general, this case involves circumstances where the trial court, acting sua sponte and without first notifying plaintiff, awarded plaintiff lesser damages than the amount he claimed in his affidavit in support of his application for a default judgment. There are at least three implications that appear from the majority’s opinion based on those facts: (1) a trial court is authorized to enter an amount different from that requested in an affidavit made in support of a motion for a default judgment if it determines that the amount as shown by the affidavit is not correct, 191 Or App at 349;…