SMALL v. Carter Kerns, Respondent-Cross-Appellant. (1997)

Court of Appeals of Oregon.

Bob SMALL, Appellant-Cross-Respondent, v. UMATILLA COUNTY; Commissioners William Hansell, Emile Holeman, and Glenn Youngman; William Kent, Bruce Kinsch, Karla Willman, Kevin Willman, Debra Kellogg and Children's Services Division, Defendants, Carter Kerns, Respondent-Cross-Appellant.

CV950714; CA A91109.

Decided: June 11, 1997

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

Paul B. Meadowbrook, Salem, argued the cause for appellant-cross-respondent. With him on the briefs was Patrick & Meadowbrook. Robert Norman Ehmann, Pendleton, argued the cause and filed the brief for respondent-cross-appellant.

This case concerns a summary judgment in favor of defendant Kerns on plaintiff's claims of trespass and interference with economic relations. We affirm on plaintiff's appeal without discussion.

Defendant Kerns cross-appeals, assigning as error the trial court's denial of sanctions, including attorney fees, pursuant to ORCP 17 C. The trial court denied defendant's motion for sanctions without making any factual findings on this issue. Both plaintiff and defendant agree that such findings are required. Polizos v. Skoro, 129 Or.App. 51, 55-56, 877 P.2d 662, rev. den. 320 Or. 271, 882 P.2d 604 (1994); Plere Publishers, Inc. v. Capital Cities/ABC, Inc., 120 Or.App. 36, 38-39, 852 P.2d 261, rev. den. 317 Or. 583, 859 P.2d 540 (1993).

Affirmed on appeal; reversed and remanded for reconsideration of attorney fees on cross-appeal.

PER CURIAM.

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