Anderson v. Sullivan

Trial courts have discretion to decide if attorney "fees on fees" should be awarded in landlord-tenant actions, and if so, what amount is an appropriate award.

In a forcible entry and detainer proceeding, Tenant prevailed and requested an award of attorney fees under ORS 90.255.  Landlord objected to excessive fees request by Tenant and the matter was litigated.  The court awarded attorney fees to Tenant, but declined to award “fees on fees” for costs of litigating Landlord’s objection to amount Tenant initially requested. In the initial appeal, the Court vacated and remanded the matter to the trial court to determine if Tenant should be awarded “fees on fees”.  The trial court clarified and repeated discretionary denial to award Tenant the additional fees for litigating attorney fees because the overall award would be excessive. Tenant appealed anew and argued the court abused its discretion because it (1) misapplied the criteria under ORS 20.075, (2) failed to adequately discuss the facts of the case, and (3) misapplied case law relevant to an award of attorney fees. Based on review of the trial court’s record and letter opinions, the Court found the trial court did not misapply ORS 20.075, employ inappropriate criteria or fail to explain its rationale for rejecting to award “fees on fees” to Tenant.  The Court additionally concluded case law cited by Tenant did not speak to the question raised by Tenant’s appeal. The Court held the trial court did not abuse its discretion in its order for attorney fees. AFFIRMED.