McKenzie v. Robert

Court of Appeals of Oregon

McKenzie v. Robert

912 P.2d 429, 139 Or. App. 509

CourtCourt of Appeals of Oregon

DecidedMarch 6, 1996

DocketCSC 94-0675; CA A86761

StatusPublished

Cited by1 cases

This text of 912 P.2d 429 (McKenzie v. Robert) 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

McKenzie v. Robert, 912 P.2d 429, 139 Or. App. 509 (Or. Ct. App. 1996).

Pincite

Opinion

PER CURIAM

Tenants appeal from an order denying their motion for attorney fees after the court entered judgment dismissing landlord’s residential Forcible Entry and Detainer (FED) complaint. We reverse and remand.

The court dismissed landlord’s complaint for failure to meet notice requirements under ORS 90.910(1). Tenants filed a motion for attorney fees under ORS 90.255. While the court was considering that motion, landlord filed a second complaint that commenced a new FED action against tenants. The court issued an order denying tenants’ motion for attorney fees as the prevailing party in the first action. Tenants appeal that denial. Under ORS 90.255, the prevailing party is entitled to recover attorney fees in the absence of compelling circumstances that make such an award improper. Executive Mgt. Corp. v. Juckett, 274 Or 515, 519, 547 P2d 603 (1976). Although a subsequent FED action was pending between the parties, tenants are entitled to attorney fees as the prevailing party on the first action because the court entered judgment terminating that case in their favor. Cedar Lodge Ltd. v. Elliot, 115 Or App 688, 839 P2d 757 (1992).

Reversed and remanded for award of reasonable attorney fees.

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PER CURIAM

Tenants appeal from an order denying their motion for attorney fees after the court entered judgment dismissing landlord’s residential Forcible Entry and Detainer (FED) complaint. We reverse and remand.

The court dismissed landlord’s complaint for failure to meet notice requirements under ORS 90.910(1). Tenants filed a motion for attorney fees under ORS 90.255. While the court was considering that motion, landlord filed a second complaint that commenced a new FED action against tenants. The court issued an order denying tenants’ motion for attorney fees as the prevailing party in the first action. Tenants appeal that denial. Under ORS 90.255, the prevailing party is entitled to recover attorney fees in the absence of compelling circumstances that make such an award improper. Executive Mgt. Corp. v. Juckett, 274 Or 515, 519, 547 P2d 603 (1976). Although a subsequent FED action was pending between the parties, tenants are entitled to attorney fees as the prevailing party on the first action because the court entered judgment terminating that case in their favor. Cedar Lodge Ltd. v. Elliot, 115 Or App 688, 839 P2d 757 (1992).

Reversed and remanded for award of reasonable attorney fees.

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Bluebook (online)

912 P.2d 429, 139 Or. App. 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenzie-v-robert-orctapp-1996.

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