Schnitzer v. Schnitzer

"Dictionary definitions… ‘do not tell us what words mean, only what words can mean, depending on their context and the particular manner in which they are used.'” State v. Cloutier, 351 Or 68, 96, 261 P3d 1234 (2011).

In a supplemental dissolution proceeding, Wife appealed a judgment awarding attorney’s fees to Husband. On appeal, Wife asserted the trial court misinterpreted the attorney-fee provision in the stipulated dissolution judgment as Husband was not the “predominantely prevailing” simply because Husband prevailed on the issue of highest priority. In response, Husband stated that the stipulated attorney-fee provision made clear the parties’ intention that attorney's fees be awarded to the predominantly prevailing party, and because he prevailed on the most significant issue, Husband was the prevailing party. (Emphasis added).  "Dictionary definitions… ‘do not tell us what words mean, only what words can mean, depending on their context and the particular manner in which they are used.'” State v. Cloutier, 351 Or 68, 96, 261 P3d 1234 (2011). The Court found that the parties gave the trial court the discretion to determine who the predominantly prevailing party was. Thus, the trial court was within its authority to determine who prevailed by evaluating the relief a party obtained in light of the relief requested. Affirmed.