Albrecht v. Emmert

“ORCP 68 governs the pleading, proof and award of attorney fees in all cases.” Anderson v. Dry Cleaning To-Your-Door, 249 Or App 104, 108, 275 P3d 181 (2012).

Appellants appealed “from a supplemental judgment denying their post-judgment motion for an award of attorney fees based on ORS 20.105.”  Appellants assigned error to the trial court’s application of ORCP 68 to the recovery of attorney fees.  On appeal, Appellants contended that “fee matters based on misconduct should be recognized as exempt from the procedural requirements of ORCP 68,” and therefore Appellants did not need to comply with ORCP 68 because Respondents’ claims or defenses were objectively unreasonable.  In response, Respondents argued that ORCP 68 applies to attorney fee awards in all cases.  “ORCP 68 governs the pleading, proof and award of attorney fees in all cases.”  Anderson v. Dry Cleaning To-Your-Door, 249 Or App 104, 108, 275 P3d 181 (2012).  The Court found that Appellants’ interpretation of ORCP 68 was not supported by case law.  Further, the court found Appellants had failed to demonstrate that the case law was “plainly wrong” in determining ORCP 68 applied.  Therefore, the Court held that the trial court did not err when it applied ORCP 68.  Affirmed.