Halone's Auto Repair v. B & R Auto Wrecking

285 P.3d 739, 251 Or. App. 818, 2012 Ore. App. LEXIS 1035
CourtCourt of Appeals of Oregon
DecidedAugust 22, 2012
Docket120820598; A147503
StatusPublished
Cited by1 cases

This text of 285 P.3d 739 (Halone's Auto Repair v. B & R Auto Wrecking) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halone's Auto Repair v. B & R Auto Wrecking, 285 P.3d 739, 251 Or. App. 818, 2012 Ore. App. LEXIS 1035 (Or. Ct. App. 2012).

Opinion

HADLOCK, J.

Plaintiff is an auto-repair shop and defendant is a supplier of auto parts. Plaintiff initiated this breach-of-warranty action in small claims court, seeking damages associated with the cost of replacing an allegedly defective rotary engine that plaintiff had bought from defendant, “plus storage.” Defendant demanded a jury trial in circuit court and the matter subsequently was referred to an arbitrator, who held in defendant’s favor. See ORS 36.400(4) (small-claims actions that are transferred to circuit court are subject to mandatory arbitration requirements). Plaintiff requested a trial de novo under ORS 36.425(2)(a). The trial court, sitting as factfinder, also found for defendant and entered judgment in its favor. On appeal, plaintiff assigns error to the form of judgment and also contends that the court erred in awarding defendant its attorney fees, costs, and a prevailing party fee. We agree with plaintiff that the judgment is flawed to the extent that it purports to enter judgment against an individual who was not named as a party to the action. However, we reject plaintiff’s challenges to the fee and cost awards.1 Accordingly, we reverse and remand for entry of judgment against the proper party.

We describe the procedural background in this case only to the extent that it informs our analysis of the issues that plaintiff raises on appeal. As noted above, this case started in small-claims court, was transferred to circuit court, and then was referred to arbitration. After a hearing, the arbitrator ruled in defendant’s favor on all substantive issues and concluded that defendant was entitled to its costs and reasonable attorney fees. The arbitration award was filed on April 2, 2009, and judgment on the award was entered on April 3. That same day, plaintiff filed an objection to defendant’s cost and attorney-fee statement. Because the arbitrator wished to consider the objections, he filed a motion to vacate the general judgment for defendant. That motion was allowed, and the judgment was vacated.

[821]*821Four days later, and before the arbitrator had filed a decision resolving the attorney-fee issue, plaintiff filed its notice of appeal and request for trial de novo. Defendant then filed its answer, asserting affirmative defenses, a counterclaim for “slander and libel per se” for which defendant sought $45,000 in damages, and entitlement to attorney fees under ORS 20.105, ORS 20.080, ORS 20.082, and ORS 36.425(4)(a). Plaintiff moved that the case be removed from further arbitration because defendant had not raised its counterclaim or its claim for attorney fees until after judgment on the arbitration award had been entered and then vacated. Because defendant’s counterclaim could “only be resolved by jury trial,” plaintiff argued, judgment could not be entered on the arbitration award favoring defendant on plaintiff’s original claim. The court granted plaintiff’s motion, and the case was set for trial on both the contract claim and the counterclaim. The arbitrator never filed a final decision on plaintiff’s objections to the attorney-fee award.

After the trial de novo, the trial court ruled in defendant’s favor, both on plaintiff’s breach-of-warranty claim and on defendant’s counterclaim for libel.2 The court initially concluded that defendant was entitled to attorney fees under ORS 20.080 and ORS 20.082 but later ruled, in light of objections from plaintiff, that defendant actually was not entitled to attorney fees under either of those statutes.3 The court also ruled, however, that defendant was entitled to a prevailing party fee under ORS 20.190. Defendant then filed a proposed form of judgment that named “David A. Delong dba Halone’s Auto Repair” as judgment debtor and “Perlenfein Inc. dba B&R Auto Wrecking” as judgment creditor. The proposed judgment also provided, in part:

[822]*822“Pursuant to ORS 20.080, ORS 20.082, ORS 20.105, ORS 20.180, ORS 20.190(3), ORS 36.425(4)(a) and (b), ORS 36.395, ORS 36.715(2) and (3), ORCP 17 and ORCP 46, [defendant] is awarded its reasonable attorney fees * * * and *** costs and disbursements incurred against [plaintiff].”

Plaintiff objected to the form of judgment, arguing that it (1) improperly named as creditor and debtor entities that were not parties to the suit and (2) granted an award of fees and costs under some statutes that the trial court already had ruled were inapplicable and under other statutes that defendant had not pleaded. After receiving defendant’s response, the court issued its third ruling on the attorney-fee issue, stating that defendant was entitled to “all attorney’s fees and costs incurred by B&R Auto after the arbitration award was filed” under ORS 36.425(4)(a) because plaintiff had not improved its position by way of the requested trial de novo. The court’s opinion and order did not address any of plaintiff’s other objections to the proposed judgment. The court then entered a general judgment that was identical in form to defendant’s proposed judgment, listing all of the statutes and rules that defendant had identified as potential bases for an award of attorney fees.4 Plaintiff appeals, raising the same objections to the judgment as it did below.

In its first assignment of error, plaintiff contends that the general judgment erroneously identifies “David A. Delong dba Halone’s Auto Repair” as the judgment debtor, even though plaintiff was identified as “Halone’s Auto Repair” — not David A. Delong — in pleadings and other filings (and, indeed, in the caption of the judgment itself). Plaintiff also objects to the judgment’s identification of “Perlenfein Inc.

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Cite This Page — Counsel Stack

Bluebook (online)
285 P.3d 739, 251 Or. App. 818, 2012 Ore. App. LEXIS 1035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halones-auto-repair-v-b-r-auto-wrecking-orctapp-2012.