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SHRINERS HOSPITALS FOR CHILDREN v. COX

SC S064390.

434 P.3d 422 (2019)

364 Or. 394

SHRINERS HOSPITALS FOR CHILDREN, a Colorado Nonprofit Corporation; and Oregon Scottish Rite Clinics, an Oregon Nonprofit Corporation, Petitioners on Review, v. Michael A. COX, as Personal Representative for Mack A. Woods, Deceased, Respondent on Review, and Bennett, Hartman, Morris & Kaplan, LLP and Tyler Smith & Associates, P.C., Respondents on Review.

Supreme Court of Oregon.

February 7, 2019.

Attorney(s) appearing for the Case

Richard L. Grant, Richard L. Grant, P.C., Portland, argued the cause and filed the brief for petitioners on review.

George W. Kelly, Eugene, argued the cause and filed the brief for respondent on review Michael A. Cox.

No appearance on behalf of respondents on review Bennett, Hartman, Morris & Kaplan, LLP, and Tyler Smith & Associates, P.C.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Kistler, Senior Justice pro tempore.

The primary question in this case is whether defendant is judicially estopped from setting aside a default judgment that, he contends, resulted from improper service.1 The trial court found that, even if service were improper, defendant knew about the default judgment shortly after it was entered and used...

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