CHARLES SCHWAB & CO. v. PLETZ

A8704-02494; CA A45783.

768 P.2d 407 (1989)

95 Or.App. 48

CHARLES SCHWAB & CO., Inc., a California Corporation, Respondent, v. Emma Lee PLETZ, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1989.


Attorney(s) appearing for the Case

James D. Huffman, St. Helens, argued the cause for appellant. With him on the brief was Olsen & Huffman, St. Helens.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Paul R. Bocci and Schwabe, Williamson & Wyatt, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals from an order denying her motion to set aside a judgment taken by default for want of an appearance on plaintiff's contract claim. She contends, first, that she had appeared but that, if she had not, her failure to do so was the result of mistake, inadvertence or excusable neglect and that she has a meritorious defense. We affirm.

Defendant was duly served with the summons and complaint on April 25, 1987. The complaint...

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