Allen Trust Co. v. Cowlitz Bank

Respondent Ronald W. Harriman seeks reconsideration of our previous opinion in this case. Allen Trust Company v. Cowlitz Bank, 210 Or App 648, 152 P3d 974 (2007). We grant the petition in order to clarify our opinion in one respect, and we adhere to our opinion with that clarification.

Respondent recognizes that, in an appeal from the grant of a motion for summary judgment, we must review the facts most favorably to the nonmoving party. He argues, however, that in the following statement we went beyond that role and found facts in a way that will be binding on the trial court on remand:

“The…