Terlyuk v. Krasnogorov

The trial court granted defendants motion to set aside a default judgment on plaintiffs personal injury claim pursuant to ORCP 71 B(1)(a) ("mistake, inadvertence, surprise, or excusable neglect"), and plaintiffs appeal, contending that defendant failed to establish a basis for relief from the default judgment. Defendant argued to the trial court that relief should be allowed because of his mistake or excusable neglect. Plaintiffs contend that the trial court based its order setting aside the judgment on a determination that defendants default was the result of a mistake. Plaintiffs assert that the undisputed facts do not support the trial courts conclusion that defendants default was the result of the type of "mistake" for which relief is authorized by ORCP 71 B. We sustain the trial courts order on the ground of defendants excusable neglect and conclude, further, that the trial court did not abuse its discretion in granting defendants motion for relief. See Litton and Char-Olé Ranch, Inc., 281 Or 687, 690, 576 P2d 369 (1978) (stating abuse of discretion standard); Mary Ebel Johnson, P.C. v. Elmore, 221 Or App 166, 170-71, 189 P3d 35, rev den, 345 Or 301 (2008) (same). We accordingly affirm.