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Anderson v. Dry Cleaning To-Your-Door

Summarized by: 

Date Filed: 03-28-2012
Case #: A145224
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://courts.oregon.gov/Publications/A145224.pdf

Civil Procedure: ORCP 68 C(2) requires a party to seek award for attorney fees by pleading or motion and provide a basis for an entitlement to attorney fees.

Dry Cleaning To-Your-Door, Inc.(DCTYD) appealed from the trial court's decision to award $115,980.50 in attorney fees to Anderson in a remedial contempt proceeding. ORCP 68 C(2) requires a party to seek an award for attorney fees by pleading or motion and provide a basis for an entitlement to attorney fees. In a proposed form of judgment, Anderson asserted, for the first time, a right to attorney fees that did not cite any basis for entitlement. The trial court adopted Anderson's proposed form of judgment and granted Anderson an award of attorney fees. Because Anderson did not assert in a pleading or a motion, nor provide a basis for an entitlement to attorney fees as directed by ORCP 68 C(2), the Court of Appeals found the lower court lacked authority to award attorney fees. Award of attorney fees reversed; otherwise affirmed.