Chasteen v. Smith

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No. 680 September 15, 2021 605 IN THE COURT OF APPEALS OF THE STATE OF OREGON Danna CHASTEEN, Plaintiff-Respondent, v. Michael SMITH and Melissa Row, Defendants-Appellants. Douglas County Circuit Court 20LT04324; A174611 Jason R. Thomas, Judge pro tempore. Submitted August 31, 2021. Harry Ainsworth filed the brief for appellants. No appearance for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge. PER CURIAM Reversed and remanded. 606 Chasteen v. Smith PER CURIAM In this residential FED action, landlord’s case was dismissed after trial. In the judgment, the trial court denied an award of costs and attorney fees to any party. Tenants appeal the judgment, arguing that the trial court erred in denying an award of attorney fees without following the procedures specified in ORCP 68 for such an award. For the same reasons we expressed in Jordan v. Voss, 313 Or App 495, __ P3d __ (2021), we agree with tenants. We therefore reverse and remand the judgment to allow tenants to petition for attorney fees under ORCP 68. Reversed and remanded.

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