- Court: Oregon Court of Appeals
- Area(s) of Law: Landlord Tenant
- Date Filed: 05-12-2021
- Case #: A171290
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J., & Aoyagi, J.
- Full Text Opinion
Defendant appealed the trial court’s fee related decisions after winning a residential forcible entry and detainer action. In relevant part, Defendant assigned error to the trial court’s refusal to award her any attorney fees to respond to Plaintiff’s objections to her fee statement. On appeal, Defendant argued that the trial court based its’ decision on a mistaken legal premise. Because Defendant defeated at least some of the Plaintiff’s objections she argued she was entitled to at least some fees. On appeal, the Court determined that although a court may deny fees on fees in connection with unsuccessful aspects of a fee request, it is legally incorrect to say that a party "cannot" recover any fees on fees unless all of the requested fees were awarded. Vacated and remanded.