- Court: Oregon Court of Appeals
- Area(s) of Law: Attorney Fees
- Date Filed: 04-20-2016
- Case #: A158277
- Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.
Jewett (Plaintiff) appealed the trial court’s supplemental judgment awarding attorney fees in an amount less than requested. The trial court based its judgment on its finding that Plaintiff had abandoned a successful settlement negotiation. Plaintiff participated in arbitration, which resulted in an award of attorney fees over $15,000. Plaintiff requested a new trial to determine costs and attorney fees. The trial court awarded less than $4,000 for attorney fees, finding that Plaintiff had “abandoned what had been successful settlement negotiations.” The Court held that the trial court based its finding on a “materially erroneous factual premise” because “the parties’ emails [were] the only evidence in the record regarding the parties [relevant] conduct” and the defense counsel’s characterizations were not evidence to support an objective finding that plaintiff abandoned the negotiations. Supplemental judgment for attorney fees vacated and remanded for reconsideration.