Hooker Creek Cos., LLC v. Cent. Or. Land Dev.

A trial court does not have the authority to award attorney fees on a claim resolved by a limited judgment by a second, supplemental limited judgment.

Plaintiffs appealed a limited judgment awarding Defendant $102,210 in attorney fees against Plaintiff Hooker Creek under ORS 87.060(5). Plaintiffs argued that the trial court erred by using the term “invalid” to describe Plaintiffs’ liens (from a limited judgment of foreclosure in favor of Defendant) in its determination that Defendant was entitled to attorney fees. A trial court does not have the authority to award attorney fees on a claim resolved by a limited judgment in a second, supplemental limited judgment. Shelter Products v. Steelwood Construction, 257 Or. App. 382, 384 n 3, 307 P.3d 449 (2013). An “appeal from such a ‘judgment’ must be dismissed.” Id. The Court held the judgment needed to be reversed and vacated because the award of attorney fees was based on a limited, and not a general, judgment. The Court refused to remand with instructions to enter an appealable judgment under ORS 19.270(4) because ORS 87.060(5) did not authorize Defendant to receive an award of attorney fees simply on the basis that Plaintiffs’ liens were “invalid.” Attorney fee judgment dismissed and remanded with instructions to vacate.