- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 07-21-2021
- Case #: A172758
- Judge(s)/Court Below: Aoyagi, J. for the Court; Tookey, P.J.; & Hadlock, J. pro tempore
- Full Text Opinion
The trial court denied attorney fees in a general judgment and after Defendant petitioned the court for attorney fees, those fees were granted. Plaintiff claimed the court erred procedurally and substantively in awarding attorney fees to Defendant. Additionally, Plaintiff argued that the lower court "failed to properly identify the prevailing party before ruling on fees." It is premature for a trial court to deny attorney fees where a defendant has pleaded a claim for attorney fees and was entitled to them as a matter of law. Here, the trial court corrected its judgement in the supplemental judgment. Under these circumstances, the trial court did not plainly err. Affirmed.