Grudzien v. Rogers

Summarized by:

  • 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

“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).”

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.

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