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HILL v. EVANS

08C22580; A140441.

244 P.3d 822 (2010)

239 Or. App. 233

Donald HILL, Plaintiff-Respondent, v. Theresa EVANS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 1, 2010.

Attorney(s) appearing for the Case

Steven M. McCarthy argued the cause and filed the briefs for appellant.

David L. Carlson, Salem, argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

WOLLHEIM, J.

Defendant appeals a forcible entry and detainer (FED) judgment, ORS 105.110. Defendant asserts that the trial court erred in rejecting her affirmative defense that plaintiff had failed to attach the notice to vacate to the complaint as required by ORS 105.124(3). Plaintiff does not dispute that the notice was missing from the complaint, but contends that we should disregard the error under ORCP 12 B because the notice was filed shortly after the complaint...

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