Chasteen v. Smith ( 2021 )

605
Submitted August 31, reversed and remanded September 15, 2021
Danna CHASTEEN,
Plaintiff-Respondent,
v.
Michael SMITH
and Melissa Row,
Defendants-Appellants.
Douglas County Circuit Court
20LT04324; A174611
495 P3d 754
Jason R. Thomas, Judge pro tempore.
Harry Ainsworth filed the brief for appellants.
No appearance for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Reversed and remanded.
606 Chasteen v. Smith
PER CURIAM
In this residential FED action, landlord’s 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 pro-
cedures specified in ORCP 68 for such an award. For the
same reasons we expressed in Jordan v. Voss, 313 Or App
495, 494 P3d 372 (2021), we agree with tenants. We there-
fore reverse and remand the judgment to allow tenants to
petition for attorney fees under ORCP 68.
Reversed and remanded.