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Cite as In re Genna, 19 DB Rptr 109 (2005)
care, custody, and control of the parties’ minor child; modifying the parenting plan
to allow Brandalee Tidwell, then known as Brandalee Diodonet (hereinafter
“Diodonet”) only supervised contact with the child for up to three hours per week;
requiring Diodonet to pay child support in an amount to be determined under the
Oregon Child Support Guidelines; and requiring Diodonet to pay Roger Tidwell his
costs and attorney fees.
7.
On or about March 5, 2003, the court entered an order requiring Diodonet to
appear and show cause why the Decree should not be modified to grant the relief
requested by Roger Tidwell. Diodonet was personally served with a copy of the
court’s order on March 5, 2003, but thereafter failed to file an appearance or notify
Roger Tidwell’s counsel that she intended to do so.
8.
On or about April 5, 2003, Roger Tidwell’s counsel filed a Motion for Entry
of Default, Motion for Entry of Judgment, and proposed form of Judgment
Modifying Custody and Parenting Plan. On April 16, 2003, the court granted Roger
Tidwell’s motions and entered an Order of Default and Judgment Modifying Custody
and Parenting Plan against Diodonet.
9.
On or about April 24, 2003, the Accused, on behalf of Diodonet, filed a
Motion to Set Aside Order of Default and Judgment. Prior to filing the motion, the
Accused contacted Roger Tidwell’s counsel who informed the Accused that he was
not willing to set aside the order of default and judgment. Under UTCR 5.020, Roger
Tidwell was allowed until May 12, 2003, to file a response to Diodonet’s motion. On
April 29, 2003, the court granted Diodonet’s Motion to Set Aside Order of Default
and Judgment Modifying Custody and Parenting Plan.
10.
On May 12, 2003, Roger Tidwell’s counsel filed a Motion to Reconsider the
court’s April 29, 2003, order setting aside the Order of Default and Judgment
Modifying Custody and Parenting Plan. On June 4, 2003, the court granted Roger
Tidwell’s Motion to Reconsider and denied Diodonet’s Motion to Set Aside Order
of Default and Judgment Modifying Custody and Parenting Plan, except on the issue
of attorney fees, with that issue to be set for hearing on June 30, 2003. The hearing
was rescheduled to July 28, 2003.
11.
On July 22, 2003, the court clerk’s office issued a notice of scheduled court
proceeding, which scheduled a trial date in the Court Action for October 29, 2003.
A copy of the notice was served on the Accused and Roger Tidwell’s counsel.
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