Jordan v. Voss
Citation | 313 Or.App. 495,494 P.3d 372 (Mem) |
Decision Date | 21 July 2021 |
Docket Number | A173519 |
Court | Court of Appeals of Oregon |
Parties | Paula JORDAN, Plaintiff-Respondent, v. Lundy VOSS, Kristen Voss, and all other occupants, Defendants-Appellants. |
Harry D. Ainsworth, Portland, argued the cause and filed the brief for appellants.
Dan G. McKinney argued the cause for respondent. Also on the brief was DC Law.
Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.
In this residential FED action, landlord moved to dismiss her FED action against tenants. A hearing about the dismissal took place. The trial court did not announce anything about attorney fees. The judgment dismissing the action was entered that same day. In the judgment, the court denied an award of costs and attorney fees to any party. Although tenants had included in their pleadings an assertion of fee entitlement under ORS 90.255, they did not, after the judgment was entered, request attorney fees under the post-judgment procedures set out in ORCP 68. Tenants appeal the judgment, arguing that the trial court erred in denying an award of attorney fees without following the procedures specified in ORCP 68 for such an award and that the ruling by the court denying attorney fees in the judgment effectively prohibited them from applying for attorney fees under ORCP 68.
To begin with, an exception to the preservation requirement occurs when the claimed error "arose when the court issued its order or judgment, and not earlier." State v. Selmer , 231 Or. App. 31, 34, 217 P.3d 1092 (2009), rev. den. , 347 Or. 608, 226 P.3d 43 (2010). Here, the denial of attorney fees occurred in the judgment without the issue having been raised or discussed by the court or by the parties, beyond the request in the pleadings. That circumstance distinguishes this case from others on which landlord relies to assert that tenants failed to preserve the error claimed on appeal. See, e.g. , McDougal v. Griffith , 156 Or. App. 83, 87, 964 P.2d 1135 (1998), rev. den. , 328 Or. 330, 987 P.2d 508 (1999) ( ); Husted v. SCI Oregon Funeral Services, Inc. , 209 Or. App. 45, 146 P.3d 376 (2006) ( ). Tenants are excused from the preservation requirement.
Pointe West Apts v. Anderson , 145 Or. App. 596, 597, 931 P.2d 100 (1997) ...
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Jordan v. Voss, A173519
...313 Or.App. 495 Paula JORDAN, Plaintiff-Respondent, v. Lundy VOSS, Kristen Voss, and all other occupants, Defendants-Appellants. A173519Court of Appeals of OregonJuly 21, Argued and submitted February 22, 2021. Douglas County Circuit Court 20LT00142; Jason R. Thomas, Judge pro tempore. Harr......
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Springleaf Home Equity, Inc. v. Jones, A172758
...68 C(4) and to file with the court a detailed statement setting forth the amount they claim for their attorney fees.'" Jordan v. Voss, 313 Or.App. 495, (so2), ___ P.3d ___ (2021) (quoting Pointe West Apts. v. Anderson, 145 Or.App. 596, 597, 931 P.2d 100 (1997)). Indeed, both parties appear ......
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Springleaf Home Equity, Inc. v. Jones
...and to file with the court a detailed statement setting forth the amount they claim for their attorney fees.’ " Jordan v. Voss , 313 Or. App. 495, 496–97, 494 P.3d 372 (2021) (quoting Pointe West Apts. v. Anderson , 145 Or. App. 596, 597, 931 P.2d 100 (1997) ). Indeed, both parties appear t......
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Chasteen v. Smith
...fees without following the procedures specified in ORCP 68 for such an award. For the same reasons we expressed in Jordan v. Voss , 313 Or. App. 495, 494 P.3d 372 (2021), we agree with tenants. We therefore reverse and remand the judgment to allow tenants to petition for attorney fees under......