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MATTER OF MARRIAGE OF HOUSLEY

No. 02-3108; A122691.

120 P.3d 1245 (2005)

202 Or. App. 182

In the Matter of the MARRIAGE OF James Douglas HOUSLEY, Appellant, and Dawn Marie Housley, Respondent.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Thomas A. Bittner, Portland, argued the cause for appellant. With him on the brief were Bradley E. Sands and Schulte, Anderson, Downes, Aronson & Bittner, P.C.

No appearance for respondent.

Before LINDER, Presiding Judge, and ROSENBLUM and HASELTON, Judges.

ROSENBLUM, J.

In this dissolution of marriage proceeding, husband appeals an order granting wife's motion to set aside the judgment of dissolution, which was entered after wife failed to appear for trial. The trial court, in setting aside the judgment pursuant to ORCP 71 B(1)(a), found "excusable neglect" on wife's part.

Wife has moved to dismiss the appeal, asserting that the trial court's order is not an appealable order. We initially denied the motion,...

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