Chasteen v. Smith

Court of Appeals of Oregon

Chasteen v. Smith

495 P.3d 754, 314 Or. App. 605

Court of Appeals of Oregon·Decided September 15, 2021·No. A174611·Published·Cited by 1 cases

Opinion

Submitted August 31, reversed and remanded September 15, 2021

Danna CHASTEEN, Plaintiff-Respondent, v. Michael SMITH and Melissa Row, Defendants-Appellants. Douglas County Circuit Court 20LT04324; A174611 495 P3d 754

Jason R. Thomas, Judge pro tempore. Harry Ainsworth filed the brief for appellants. No appearance for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge. PER CURIAM Reversed and remanded. 606 Chasteen v. Smith

PER CURIAM In this residential FED action, landlord’s case was dismissed after trial. In the judgment, the trial court denied an award of costs and attorney fees to any party. Tenants appeal the judgment, arguing that the trial court erred in denying an award of attorney fees without following the pro- cedures specified in ORCP 68 for such an award. For the same reasons we expressed in Jordan v. Voss, 313 Or App 495, 494 P3d 372 (2021), we agree with tenants. We there- fore reverse and remand the judgment to allow tenants to petition for attorney fees under ORCP 68. Reversed and remanded.

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Submitted August 31, reversed and remanded September 15, 2021

Danna CHASTEEN, Plaintiff-Respondent, v. Michael SMITH and Melissa Row, Defendants-Appellants. Douglas County Circuit Court 20LT04324; A174611 495 P3d 754

Jason R. Thomas, Judge pro tempore. Harry Ainsworth filed the brief for appellants. No appearance for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge. PER CURIAM Reversed and remanded. 606 Chasteen v. Smith

PER CURIAM In this residential FED action, landlord’s case was dismissed after trial. In the judgment, the trial court denied an award of costs and attorney fees to any party. Tenants appeal the judgment, arguing that the trial court erred in denying an award of attorney fees without following the pro- cedures specified in ORCP 68 for such an award. For the same reasons we expressed in Jordan v. Voss, 313 Or App 495, 494 P3d 372 (2021), we agree with tenants. We there- fore reverse and remand the judgment to allow tenants to petition for attorney fees under ORCP 68. Reversed and remanded.

Chasteen v. Smith, 495 P.3d 754, 314 Or. App. 605 (Or. Ct. App. 2021).

Pincite

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Opinion

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