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2606 BUILDING v. MICA OR I INC.

(97F-915006; CA A100481; SC S47555).

47 P.3d 12 (2002)

334 Or. 175

2606 BUILDING, a partnership comprised of Donald C. Burdick, Linda A. Burdick, Edgar E. Clark, M.D., and Gilbert W. Eklund, Respondents on Review, v. MICA OR I INC.; Outpatient Radiology Center, a California limited partnership; and US Diagnostics, Inc., Petitioners on Review.

Supreme Court of Oregon, En Banc.

Decided May 31, 2002.

Attorney(s) appearing for the Case

Timothy R. Volpert, of Davis Wright Tremaine LLP, Portland, argued the cause and filed the petition for petitioners on review. With him on the petition was John F. McGrory.

Charles R. Markley, of Greene & Markley, PC, Portland, argued the cause and filed the brief for respondents on review. With him on the brief was M. Elizabeth Duncan.

BALMER, J.

The issue in this commercial lease case is whether a lessee's unilateral mistake may constitute the equitable defense of excusable neglect to a forcible entry and detainer (FED) action based on the lessee's late payment of rent. The trial court denied the motion of the lessees (defendants) to file an amended answer raising the defense, declined to consider the defense on the merits, and entered judgment in favor of the lessors (plaintiffs). The Court of...

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