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LORENTZ BRUUN COMPANY v. EXECULODGE CORP.

CC A8810-05495; CA A62507; SC S37762.

835 P.2d 901 (1992)

313 Or. 600

LORENTZ BRUUN COMPANY, INC., an Oregon Corporation, Respondent on Review. v. EXECULODGE CORPORATION, an Oregon corporation, Patrick G. Lockhart, and Rosemary H. Lockhart, Petitioners on Review, and O'Callahan's Restaurant, Inc., an Oregon corporation, Pacific First Federal Savings Bank, a federally chartered savings bank, Airflow Engineering, Inc., an Oregon corporation, and Arctic Sheet Metal, Inc., an Oregon corporation, Defendants.

Supreme Court of Oregon, In Banc.

Decided July 30, 1992.

Reconsideration Denied September 29, 1992.

Attorney(s) appearing for the Case

Marvin S. Nepom, Portland, argued the cause and filed the petition for petitioners on review.

David J. Sweeney, of Brownstein, Rask, Sweeney, Kerr, Grim & DeSylvia, Portland, argued the cause and filed the responses for respondent on review. With him on the response was Paul G. Dodds.

FADELEY, Justice.

This case presents the issue of whether a trial court order setting aside a judgment entered ex parte based on a confession of judgment is an appealable order under ORS 19.010 or any other statute. The trial court granted defendant's motion to set aside the judgment because of "mistake or excusable neglect" under ORCP 71 B(1).1 The Court of Appeals reversed and remanded with instructions that the trial court enter...

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