Trent v. Deutsche Bank National Trust Co.

“ORCP 71 reserves the trial court’s inherent power to entertain an independent action to relive a party from a judgment. Generally a trial court has inherent authority to correct or set aside a judgement, provided that it does so both (1) within a reasonable time and (2) for good and sufficient reason.” Patrick v. State of Oregon, 178 Or App 97, 104 (2001).

Plaintiff appealed an order from the trial court, setting aside a $12 million judgement against Defendant. Plaintiff assigned error to the trial court's vacation of the judgement, arguing that it abused its discretion under ORCP 71C. “ORCP 71 reserves the trial court’s inherent power to entertain an independent action to relive a party from a judgment. Generally a trial court has inherent authority to correct or set aside a judgement, provided that it does so both (1) within a reasonable time and (2) for good and sufficient reason.” Patrick v. State of Oregon, 178 Or App 97, 104 (2001). The Court reasoned that because the defendant responded to plaintiff’s motion to enforce the judgement within one month, alerting the trial court to the mistake in its order, the trial court responded within a reasonable time. The Court further reasoned that because plaintiff’s pleadings had multiple deficiencies and the trial court erred in granting the judgement originally, the trial court had a good and sufficient reason to rectify the mistake. Therefore, the trial court did not err in vacating the $12 million judgement against the defendant. Affirmed.