MATTER OF MARRIAGE OF CAUDILL

89C-32748; CA A67016.

812 P.2d 28 (1991)

In the matter of the Marriage of James Flemon CAUDILL, Respondent, AND Grace Ruth Caudill, Appellant.

Court of Appeals of Oregon.

Decided May 29, 1991.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Russell Lipetzky, Salem, argued the cause for respondent. With him on the brief were Paul Saucy and Saucy & Lipetzky, P.C., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Wife appeals the trial court's order denying her motion to set aside a judgment of dissolution of marriage by default under ORCP 71 B(1).1 We reverse.

The parties were married in 1967 and had two children. They separated in July, 1989, when wife moved to Utah. The younger child joined her three months later, while the older remained in husband's custody. Husband filed a petition for dissolution on October 20, 1989...

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