CHASTEEN v. SMITH (2021)

Court of Appeals of Oregon.

Danna CHASTEEN, Plaintiff-Respondent, v. Michael SMITH and Melissa Row, Defendants-Appellants.

A174611

Decided: September 15, 2021

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

Harry Ainsworth filed the brief for appellants. No appearance for respondent.

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 procedures specified in ORCP 68 for such an award. For the same reasons we expressed in Jordan v. Voss, 313 Or. App. 495, 494 P.3d 372 (2021), we agree with tenants. We therefore reverse and remand the judgment to allow tenants to petition for attorney fees under ORCP 68.

Reversed and remanded.

PER CURIAM

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