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GILBERT v. STANCORP FINANCIAL GROUP INC.

160804103; A140136.

225 P.3d 71 (2009)

233 Or. App. 57

Nanette GILBERT, Plaintiff-Appellant, v. STANCORP FINANCIAL GROUP INC., Defendant, and Standard Insurance Co., an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 30, 2009.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

Jonathan W. Henderson, Portland, argued the cause for respondent. With him on the brief were Nicole M. Rhoades, Matthew R. Wiese, and Davis Rothwell Earle & Xochicua P.C.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

When defendant did not file a timely response to plaintiff's personal injury complaint and summons, plaintiff took a default judgment. On defendant's motion, the trial court set aside the judgment pursuant to ORCP 71 B(1)(a), which provides that the court "may relieve a party * * * from a judgment for * * * mistake, inadvertence, surprise, or excusable neglect." Plaintiff appeals, arguing that the court abused its discretion by providing relief to defendant...

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