Union Lumber Co. v. Miller

Defendants appeal an order denying their motion to set aside a judgment in favor of plaintiff. The judgment, which awarded plaintiff damages, was entered following an arbitration that was conducted without defendants’ participation. Among other things, defendants assert that their absence from the arbitration and the consequential judgment in plaintiffs favor occurred as a result of mistake, surprise, or excusable neglect, as well as the misconduct of plaintiffs attorney. Accordingly, defendants assert the trial court erred in not setting aside the judgment under ORCP 71 B.1 Because we agree…