Moyer v. Columbia State Bank

If a trial court deems a reply memorandum to be a motion for summary judgement, and the opposing party fails to file a response within 20 days, the court may make its summary judgement ruling without the benefit of the opposing party's response. ORCP 47 C.

Plaintiffs appealed a summary judgement on behalf of First Republic Trust Company (FRTC) on Plaintiff's claims of breach of contract and negligence. FRTC cross-appealed a supplemental judgement denying its petition for attorney fees. Plaintiffs argued that the trial court erred by considering challenges made against the breach of contract claim in their consideration of the motion for summary judgement when those challenges were not in front of the court at the time. If a trial court deems a reply memorandum to be a motion for summary judgement, and the opposing party fails to file a response within 20 days, the court may make its summary judgement ruling without the benefit of the opposing party's response. ORCP 47 C. The Court held that because the trial court deemed FRTC's reply memorandum to be a new summary judgement motion, and since Plaintiffs failed to file a reply to the new motion, the trial court was permitted to move forward without Plaintiffs' response. The Court also held that the record as it related to FRTC's actions would not permit a reasonable factfinder to conclude that there was a mutual implied-in-fact agreement. On appeal, general judgement affirmed; on cross-appeal, supplemental judgement reversed and remanded.