ZRZ Realty v. Beneficial Fire and Casualty Ins.
Case #: A121145
Wollheim, P.J. for the Court; and Sercombe, J,; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A121145c.pdf
Attorney Fees: Under ORS 20.220(3)(a) if supplemental judgment is predicated on the underlying attorney fee award in the general judgment, the effect of reversing the general judgment is the reversal of the supplemental judgment as well.
In this case the Court granted a petition of reconsideration to clarify their holding in ZRZ Realty v. Beneficial Fire and Casualty Ins. (ZRZ Realty VI). The Defendants (collectively "London") requested clarification in relation to the supplemental judgment award of attorney fees. The issue on reconsideration was whether the reversal of the attorney fees in the general judgment also reversed the attorney fees awarded in the supplemental judgment. The Court of Appeals ruled that the supplemental judgment award of attorney fees was deemed reversed under the original holding. The Court reasoned that under ORS 20.220(3)(a) since the supplemental judgment was predicated on the underlying attorney fee award in the general judgment, the effect of reversing the general judgment was the reversal the supplemental judgment as well. The determination of the amount of attorney fees was remanded to the trial court for consideration. Reconsideration allowed; former opinion clarified and adhered to as clarified.