CARTER v. U.S. NATIONAL BANK

TC L85-0997; CA A39448; SC S33802.

747 P.2d 980 (1987)

304 Or. 538

Shirley J. CARTER and Robert G. Carter, Respondents On Review, v. United States NATIONAL BANK of Oregon, Petitioner On Review. Jim Sigel Chevrolet, Inc., Defendant.

Supreme Court of Oregon.

Decided December 22, 1987.


Attorney(s) appearing for the Case

John F. Neupert, Portland, argued the cause on behalf of the petitioner on review. With him on the petition were James N. Westwood, Michael W. Mosman and Miller, Nash, Wiener, Hager & Carlson, Portland.

David Morrison, Roseburg, argued the cause on behalf of the respondents on review.

Before PETERSON, C.J., and LENT, LINDE, CARSON, JONES and GILLETTE, JJ.


GILLETTE, Justice.

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...

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