- Court: Oregon Court of Appeals
- Area(s) of Law: Attorney Fees
- Date Filed: 11-27-2024
- Case #: A180175
- Judge(s)/Court Below: Egan, J.; Tookey, P.J.; & Kistler, S.J.
- Full Text Opinion
Following dismissal of a Family Abuse Prevention Act (FAPA) restraining order, the trial court awarded attorney fees to Respondent. Petitioner appealed, arguing that because Respondent did not follow ORCP 68’s procedure for requesting attorney fees, fee assessment was erroneous.
Respondent argued, and the Court of Appeals agreed, that because FAPA proceedings are resolved by order, fee assessment was permissible within an exception to ORCP 68.
“ORCP 68 C(1)(b) states that [ORCP 68] does not apply to attorney fees ‘granted by order, rather than entered as part of a judgment.’”
Although the fees in this case were included in a judgment, because the fees could have been assessed by order, they fell within ORCP 68 C(1)(b)’s exception. Furthermore, because ORS 107.716(3)(b) (governing attorney fees in FAPA proceedings) permits courts to assess attorney fees at the court’s discretion, failure of a party to request fees does not prohibit fee assessment.
“Affirmed.”