DAVIS WRIGHT TREMAINE, LLP v. MENKEN

9905-04998; A108692.

45 P.3d 983 (2002)

181 Or. App. 332

DAVIS WRIGHT TREMAINE, LLP, Respondent, v. David MENKEN, Appellant.

Court of Appeals of Oregon.

Decided May 8, 2002.


Attorney(s) appearing for the Case

Clayton C. Patrick, Dallas, argued the cause and filed the briefs for appellant.

Darleen Darnall argued the cause for respondent. With her on the brief was Davis Wright Tremaine, LLP.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


HASELTON, P.J.

Defendant David Menken appeals, assigning error to the trial court's denial of his motion to set aside a default judgment in favor of plaintiff Davis Wright Tremaine, LLP. Defendant argues, inter alia, that he was entitled to relief under ORCP 71 because plaintiff failed to serve the summons and complaint in accordance with ORCP 7 D. We agree. Accordingly, we reverse.

Except as specifically noted, the material facts are undisputed. Plaintiff...

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