In re the Marriage of Becker & Morrison

Husband appeals from the trial court’s order denying his motion for relief from a default judgment in a dissolution proceeding, on the ground of “surprise.” ORS 19.010(2)(c); ORCP 71 B(1). We reverse and remand.

On November 1, 1994, wife filed, and served on husband, a petition for dissolution of marriage. That petition alleged, as pertinent:

“5.

“The respondent should be required to pay to the petitioner a reasonable sum each month for a reasonable amount of time, as set by the Court, to assist in the maintenance and support of the petitioner.

“7.

“The parties own their residence located at 960…