Harcourts Integrity Team Real Estate Services LLC v. Ralph

“A trial court is required to ‘make special findings of fact and state its conclusions of law on the record regarding the issues material to the award or denial of attorney fees’ where a party makes a request by ‘including a request for findings and conclusions in the caption of the statement of attorney fees or cots and disbursements, objection, or response filed pursuant to’ ORCP 68.” Harcourts Integrity Team Real Estate Services LLC. v. Ralph, 497 P3d 1253 (Or. App. 2021).

Tenant appealed a judgment for attorney fees in a landlord-tenant dispute, which awarded him only a portion of his requested fees. Tenant assigned error to the court’s failure to make findings of facts and conclusions of law pursuant to ORCP 68 C(4)(g) when awarding attorney fees. Landlord argued that the court’s statements during the fee hearing to explain its attorney fee award were sufficient. “A trial court is required to ‘make special findings of fact and state its conclusions of law on the record regarding the issues material to the award or denial of attorney fees’ where a party makes a request by ‘including a request for findings and conclusions in the caption of the statement of attorney fees or cots and disbursements, objection, or response filed pursuant to’ ORCP 68.” Harcourts Integrity Team Real Estate Services LLC. v. Ralph, 497 P3d 1253 (Or. App. 2021). The Court reasoned that because the trial court had failed to provide sufficient detail as to its findings and conclusion on the record to inform the parties of its reasoning or allow for appellate review, the court erred. Judgment vacated and remanded.