Legal Opinion

Carter v. United States National Bank

Oregon Supreme Court

Decided December 22, 1987No. TC L85-0997; CA A39448; SC S33802PublishedCited by 39 opinions

1Opinion of the Court

*540GILLETTE, J.

The issue in this case is whether an order granting a motion to set aside a summary judgment is an appealable judgment or decree. We hold that it is.

This is a civil case. On February 24, 1986, the trial court entered an order granting the motions of defendant U. S. National Bank (Bank) for summary judgment. On February 27, 1986, plaintiffs filed a motion to “reconsider” the order granting summary judgment. No one disputes that this motion was timely. Without responding to plaintiffs’ motion, however, the trial court entered judgment for Bank on March 3, 1986. On March 20, 1986,…

2Cases cited16 opinions

  1. St. Paul Fire & Marine Insurance v. SpeerstraCourt of Appeals of Oregon · 1983
  2. State Highway Commission v. Fisch-Or, Inc.Oregon Supreme Court · 1965
  3. Hoy v. JacksonCourt of Appeals of Oregon · 1976
  4. State Ex Rel. State Farm Mutual Automobile Insurance v. OlsenOregon Supreme Court · 1979
  5. Cooley v. RomanOregon Supreme Court · 1979

11 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Association of Unit Owners of Timbercrest Condominiums v. WarrenOregon Supreme Court · 2012
  2. Martin v. City of TigardOregon Supreme Court · 2003
  3. R & C. RANCH, LLC v. KundeCourt of Appeals of Oregon · 2001
  4. Smith v. Lachter (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. Welker Ex Rel. Bradbury v. Teachers Standards & Practices CommissionOregon Supreme Court · 2001

34 more not listed; retrieve them via the Exa API.

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