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Whittle v. Marion County District Court
Citations: 108 Or. App. 463; 816 P.2d 658; 1991 Ore. App. LEXIS 1239Docket: 89C-12494; CA A66413
Court: Court of Appeals of Oregon; August 21, 1991; Oregon; State Appellate Court
Appellants are appealing a judgment that favored them but did not award attorney fees. The case originated when Respondent filed a forcible entry and detainer (FED) action against Appellants in district court, seeking possession of rental property. Appellants attempted to dismiss the action and sought summary judgment, claiming they had lawful possession under a rental agreement with the co-owner of the property. The district court denied their motions, and after trial, awarded possession to Respondent. Appellants sought a writ of review in circuit court, which found that the district court had incorrectly denied their motion for summary judgment and ruled in favor of Appellants. However, the circuit court denied their request for attorney fees. Appellants argue that this denial was erroneous under ORS 90.255, which allows for recovery of reasonable attorney fees to the prevailing party in disputes arising from rental agreements. Respondent contends that, because Appellants sought a writ of review, they are bound by ORS 34.010 and ORS 34.100, which do not allow for attorney fees. The court held that ORS 90.255 applies to writ of review proceedings concerning possession of rental premises under a rental agreement. It noted that while the statute grants discretion in awarding attorney fees, prevailing parties are typically entitled to them unless extraordinary circumstances exist. The court distinguished prior cases where outcomes were inconclusive and determined that Appellants had clearly prevailed on the sole claim. Therefore, there were no unusual circumstances justifying the denial of attorney fees. The judgment was remanded with instructions to award reasonable attorney fees of $1,917.00, affirming other aspects of the decision. The circuit court had previously struck an attorney fee award from its summary but later clarified that the omission was intentional, indicating no award was intended based on the case's facts.