Masood v. Safeco Ins. Co. of Oregon

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 03-22-2017
• Case #: A149925A
• Judge(s)/Court Below: Armstrong, P.J. for the Court; Egan, J.; & Nakamoto, J. pro tempore

Under ORS 20.310(2), costs and disbursement on appeal include “the transcript of testimony or other proceedings, when necessarily forming part of the record on appeal.”

Defendant lost on appeal to Plaintiff; Plaintiff petitioned for fees and costs under ORS 20.310(2). Defendant contended that Plaintiff was not entitled to costs for transcripts. Plaintiff responded that even though he agreed to share payment of transcript costs at the trial court, he never waived his right to request reimbursement of his share of costs on appeal. Under ORS 20.310(2), costs and disbursement on appeal include “the transcript of testimony or other proceedings, when necessarily forming part of the record on appeal.” The Court of Appeals distinguished this case from Klutschkowski v. PeaceHealth, 245 Or App 524, 263 P3d 1130 (2011), and held that Plaintiff was entitled to recover his portion of the shared transcript costs from the trial court because the record was necessary for Defendant’s appeal, thus, satisfying ORS 20.310(2).  

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