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STATE EX REL. DEPT. OF HUMAN SERVS. v. G.R.

J060353; 06084JTF; A138868.

197 P.3d 61 (2008)

224 Or. App. 133

In the Matter of T.G.R., aka T.R.R., a Minor Child. STATE EX REL. DEPARTMENT OF HUMAN SERVICES, Respondent, v. G.R., Appellant.

Court of Appeals of Oregon.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Shannon Flowers, Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Cecil A. Reniche-Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Father, whose parental rights were terminated, pursuant to ORS 419B.819(7),1 after he failed to appear at the time scheduled for trial, appeals. He assigns error to, inter alia, the denial of his motion pursuant to ORS 419B.923(1) to set aside the judgment terminating his rights.2 We conclude that, as a matter of law, father's nonappearance was the result of "excusable neglect" within...

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