Carter v. United States National Bank

This case was remanded to us for reconsideration in light of the Supreme Court’s memorandum opinion in Employee Benefits Insurance v. Grill, 300 Or 587, 715 P2d 491 (1986), which relied on Cooley v. Roman, 286 Or 807, 596 P2d 565 (1979). 1

In our former opinion, 81 Or App 11, 724 P2d 346 (1986), we held that a trial court ruling granting a motion to reconsider a summary judgment was not an order granting a new trial. We so held because, under ORCP 64A, adopted after the decision in Cooley v. Roman, a new trial is defined as a “reexamination of an issue of fact in the same court after judgment”…