T.W.-S. and Sullivan

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 04-13-2016
  • Case #: A155121
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Tookey, J.; & DeHoog, J.
  • Full Text Opinion

Under ORCP 68, a party can object to a statement seeking attorney fees and costs by a written objection to the statement; if no objection is filed, a court may award attorney fees.

Mother appealed the trial court’s supplemental judgments awarding attorney fees to the children’s court-appointed attorney. The trial court awarded fees because Mother failed to file a timely opposition to the relevant request for fees. Mother argued, and the children's attorney conceded, that she timely filed and served her objections to the requests for attorney fees. A party can file an objection to a statement seeking attorney fees and costs by a written objection to the statement. ORCP 68 C(4)(b). If the written objections are not filed on time, the court can award attorney fees and costs that are sought in the statement. ORCP 68 C(4)(f). The Court found that the trial court’s supplemental judgments were in error because Mother objected timely and therefore her objections should have been considered. Vacated and remanded.

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