and upon such terms as are just, the court may relieve a person from a judgment entered under this section upon a showing that the failure of the person to appear was due to mistake, inadvertence, surprise or excusable neglect. The motion must be made within a reasonable time, and in no event more than one year after entry of judgment in the matter.” On appeal, defendant contends that he provided grounds for relief because, as he explained in his declaration, he never received a citation. He further contends that he was denied due process. We agree with defendant that he made a showing, through his declaration, that his nonappearance constituted “mistake, inadvertence, surprise or excusable neglect” under ORS 153.820(7). See Trucke v. Baughman, 210 Or App 448, 455, 150 P3d 1080 (2007) (<HOLDING>). Therefore, the trial court erred, and we
holding that nonappearance by a party who failed to receive notice was a sufficient showing under orcp 71b which contains identical grounds for relief from a default judgment holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him holding that a default judgment was not void because the bankruptcy court that entered the judgment had proper jurisdiction over the party seeking relief holding that an attorneys preoccupation with other business is not grounds for relief from a default judgment holding that party obtaining a default judgment is only entitled to the relief prayed for in complaint