ROE v. DOE

(9608-06568; CA A95997)

984 P.2d 344 (1999)

161 Or. App. 477

John ROE, Respondent, v. Jane DOE, Appellant.

Court of Appeals of Oregon.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause for appellant. With her on the briefs was Leiberan & Gazeley.

Wayne Mackeson, Portland, argued the cause and filed the brief for respondent.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.


HASELTON, J.

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 "[e]rror in law occurring at the trial and objected to or excepted to by the party making the application...

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