- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 11-07-2018
- Case #: A165113
- Judge(s)/Court Below: Hadlock, PJ., for the Court; DeHoog, J.; & Aoyagi, J.
- Full Text Opinion
Plaintiff appealed the trial court’s grant of Defendant’s ORCP 71B(1) motion to set aside a judgment. Plaintiff assigned error to the trial court’s order vacating the judgment. On appeal, Plaintiff argued that the trial court lacked a proper basis for setting aside the judgment. Defendant did not file a brief on appeal. “Stipulated judgments, as court-approved contracts, ‘can be set aside only on grounds adequate to rescind a contract.’ Kneefel v. McLaughlin, 187 Or App 1, 6, 67 P3d 947 (2003).” The Court held that there were not adequate grounds to set aside the judgment. Reversed.