Roe v. Doe

Defendant “Jane Doe” appeals from the trial court’s order that granted plaintiff “John Roe’s” motion for a new trial and set aside a summary judgment it had previously entered for Doe. ORCP 64 C. Doe contends, principally, that the court erred in allowing that relief because the original summary judgment was correct and, thus, was not the product of an “[ejrror in law occurring at the trial and objected to or excepted to by the party making the application.” ORCP 64 B(6). We agree with Doe and, consequently, reverse and remand for reinstatement of the original judgment.

This is an action for…