Federal National Mortgage Ass'n v. United States

Plaintiff, the Federal National Mortgage Association (Fannie Mae), appeals a judgment of the trial court that dismissed plaintiffs complaint pursuant to ORCP 21 A(3) (providing for dismissal when “there is another action pending between the same parties for the same cause”). Reviewing for legal error, Eli v. Lampert (A116201), 194 Or App 280, 282, 94 P3d 170 (2004), rev den, 338 Or 57 (2005), we conclude that the trial court applied an incorrect standard in dismissing the complaint. We, therefore, vacate and remand for further proceedings.

The relevant facts are mostly procedural and are not…