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CHASTEEN v. SMITH (2021)

Court of Appeals of Oregon.2021-09-15No. A174611

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Opinion

In this residential FED action, landlords 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, 494 P.3d 372 (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.

PER CURIAM