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STULL v. ASH CREEK ESTATES, LLC

00P 1450; A115721.

66 P.3d 515 (2003)

187 Or. App. 63

Christopher STULL; William Miller; Elizabeth Miller; Everett Patten; Lisa Patten; Dovie Desirey; Mike Desirey; Robert Crass; Eileen Crass; John Kessinger; Martha Kessinger; Curtis Downs; and Deborah Downs, Appellants, v. ASH CREEK ESTATES, LLC; Clifford Hoekstre; Diana Hoekstre; Ernie Carpenter; and Barbara Carpenter, Respondents.

Court of Appeals of Oregon.

Decided March 20, 2003.

Attorney(s) appearing for the Case

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

Norman F. Webb, Salem, argued the cause for respondents. With him on the brief was Webb, Martinis & Hill.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

KISTLER, J.

Plaintiffs appeal from an order denying their motion to set aside a judgment. They argue that the trial court abused its discretion in holding that their failure to file a response to defendants' summary judgment motion was not excusable neglect. We affirm.

Plaintiffs filed an action against defendants in August 2000, alleging breach of contract and unlawful debt collection. On March 9, 2001, defendants moved for summary judgment. Defendants served...

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