Bush v. City of Prineville (A167442) ( 2020 )

697
Argued and submitted February 8, 2019, reversed and remanded
January 8, 2020
Eric C. BUSH,
an individual,
Plaintiff-Appellant,
v.
CITY OF PRINEVILLE,
a political subdivision of the State of Oregon;
League of Oregon Cities and
Association of Oregon Counties,
dba Local Government Personnel Institute;
and Michael Boyd, an individual,
Defendants-Respondents.
Crook County Circuit Court
14CV08987; A167442
456 P3d 334
A. Michael Adler, Judge.
R. Kyle Busse argued the cause for appellant. Also on the
briefs were Busse & Hunt, Roxanne L. Farra, and Roxanne
L. Farra, P.C.
Janet M. Schroer argued the cause for respondents. Also
on the joint brief were Lindsay H. Duncan, Hart Wagner
LLP, Robert E. Franz, Jr., and Law Office of Robert E.
Franz, Jr.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Shorr, Judge.
PER CURIAM
Reversed and remanded.
698 Bush v. City of Prineville (A167442)
PER CURIAM
This is the second of two related appeals concerning
attorney fees. In Bush v. City of Prineville (A165637), 301
Or App 674, 457 P3d 324 (2020) (Bush I), we held that the
trial court erred in concluding that plaintiff’s acceptance
of defendants’ offers of judgment and corresponding stipu-
lated judgments entitled plaintiff to attorney fees on all of
his claims. Accordingly, we reversed the supplemental judg-
ment awarding plaintiff attorney fees, and we remanded to
the trial court for further proceedings.
After the trial court awarded fees in Bush I, plain-
tiff submitted a supplemental statement of attorney fees
for fees incurred in filing its attorney fee petition in Bush I
(so-called fees on fees). The trial court denied plaintiff’s sup-
plemental request for attorney fees, because it ruled that
plaintiff’s request was untimely. The court entered a sec-
ond supplemental judgment denying plaintiff’s fees on fees
request. In this case (Bush II), plaintiff appeals that supple-
mental judgment. Because we reversed and remanded the
supplemental judgment awarding fees in Bush I, there will
be ongoing litigation on the various fee issues. It is therefore
appropriate to reverse the second supplemental judgment
and remand to the trial court for further proceedings.
Reversed and remanded.