Kerr v. Bauer

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 05-11-2016
  • Case #: A153944
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Hadlock, C.J.; & Tookey, J.
  • Full Text Opinion

When a case is reversed and remanded to a trial court, that trial court has the ability to make a new decision, consistent with the appellate court's decision, unless the appellate opinion directed a particular outcome.

Appellants appealed the trial court’s grant of summary judgment on remand from the Court. Appeallants argued that this Court's previous decision directed the trial court to correct the first deed in question, not to reverse their position and uphold the later deeds. The Court stated that by reversing and remanding the earlier appeal, the Court sent the case back to the trial court as if the reversed decision had not taken place, which gave the trial court the ability to make a new decision. Nothing in the text of the previous appeal directed the trial court to reach a particular opinion on remand. The trial court declined to reform an earlier recorded deed that violated the rule against perpetuities, instead allowing a later recorded deed to stand. The Court found that the trial court did not err in using its discretion to decline reforming earlier deed because the final deed effectuated the grantor’s actual intent. Affirmed.

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