State Ex Rel. State Farm Mutual Automobile Insurance v. Olsen

The issue before us is whether a summary judgment may be set aside on a motion filed more than ten days after the filing of the judgment.

A policyholder sought a declaratory judgment against plaintiff insurance company in the circuit court for Umatilla County. The circuit judge, defendant in the present proceeding, signed an "Order for Summary Judgment and Judgment” in favor of the insurance company on May 11, 1978, which was filed the same day. On May 24, the policyholder filed a motion to reconsider and set aside the summary judgment in order to allow her to file a fourth amended complaint.…