Silberman-Doney v. Gargan

This residential landlord and tenant case presents a question of civil procedure: Assuming that plaintiff landlord was entitled to seek a new trial under ORCP 64 B after the trial court dismissed the jury during the trial once she and her tenants had entered into a settlement of their dispute, did the trial court have a basis to grant her motion for a new trial because of an “[i]rregularity in the proceedings of the court”? Because, as a matter of law, the trial court lacked a basis to grant plaintiff a new trial for an irregularity or error of law in the proceedings under ORCP 64 B(l) or…