Benassi v. Georgia-Pacific

667 P.2d 532, 662 P.2d 760, 63 Or. App. 672, 1983 Ore. App. LEXIS 3162

Opinion

BUTTLER, P. J.

In our original opinion in this case, we reversed a judgment for plaintiff and remanded the case for a new trial on plaintiffs defamation claim. The only issues raised or discussed by either party related to that claim. In his petition, plaintiff points out, correctly, that he also prevailed on a wage claim for $4,429.90, plus $4,000 attorney fees on that claim, and that our mandate should have affirmed that portion of the judgment. He is correct.

The following portions of the judgment are affirmed:

“IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the plaintiff have and recover of and from the defendant judgment in the sum of $4,429.90, together with interest thereon at the rate of 9% per annum from May 31, 1979 until paid.

«* * * * *

“IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the plaintiff have and recover of and from the defendant judgment in the sum of $4,000 on account of plaintiffs attorneys fees on his first claim for relief.”

Petition for reconsideration granted; former opinion modified, and, as so modified, adhered to.