Pointe West Apartments v. Anderson
| Decision Date | 22 January 1997 |
| Parties | POINTE WEST APTS, Respondent, v. Donald ANDERSON, Therresa Anderson and Gary Anderson, Appellants. DCV96-5455; CA A92659. |
| Court | Oregon Court of Appeals |
Ann B. Witte, Portland, filed the brief, for appellants.
No appearance by respondent.
Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.
In this residential FED proceeding, the defendant, tenants, prevailed. The trial court awarded them attorney fees of $120 but did not permit them to submit a cost bill or attorney fee statement under ORCP 68. On appeal, defendants assign that ruling as error. We reverse and remand.
With exceptions that do not apply here, ORCP 68 C(1) provides that "this section governs the pleading, proof, and award of attorney fees in all cases, regardless of the source of the right to recovery of such fees." Defendants are entitled, as a matter of law, to follow the procedure set forth in ORCP 68 C(4) and to file with the court a detailed statement setting forth the amount they claim for their attorney fees. See ORCP 68 C(4)(a)(i). The trial court is not bound to award what is claimed, but it may not deny them the right to make the claim and to have the court rule on it.
Reversed and remanded.
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Jordan v. Voss
...a detailed statement setting forth the amount they claim for their attorney fees . See ORCP 68 C(4)(a)(i)." Pointe West Apts v. Anderson , 145 Or. App. 596, 597, 931 P.2d 100 (1997) (emphasis added); see also O'Neal and O'Neal , 158 Or. App. 431, 434, 974 P.2d 785 (1999) (trial court erred ......
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Jordan v. Voss, A173519
...a detailed statement setting forth the amount they claim for their attorney fees. See ORCP 68 C(4)(a)(i)." Pointe West Apts v. Anderson, 145 Or.App. 596, 597, 931 P.2d 100 (1997) (emphasis added); see also O'Neal and O'Neal, 158 Or.App. 431, 434, 974 P.2d 785 (1999) (trial court erred in re......
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Springleaf Home Equity, Inc. v. Jones, A172758
...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 to have recognized as much, in that defendant proceeded to file a fee petition under O......
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Marriage of O'Neal, In re
...a reasonable opportunity to present evidence and affidavits relevant to any factual issue." ORCP 68 C(4). In Pointe West Apts. v. Anderson, 145 Or.App. 596, 931 P.2d 100 (1997), the defendants prevailed at trial and were awarded $120 in attorney fees but were not allowed to submit a cost bi......
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Attorney Fee Awards
...to present evidence and affidavits relevant to any factual issue.” ORCP 68 C(4). Therefore, when in Pointe West Apts v. Anderson , 145 Or. App. 596, 931 P.2d 100 (1997), the trial court awarded attorney fees but did not allow the party after trial to submit evidence pursuant to the rule, th......