State Ex Rel. Adult & Family Services Division v. Fulop

It is neither legally right nor is it fair that these respondents should be deprived of their attorney fees.

We are dealing with two filiation cases, which have been consolidated for appeal. Respondents successfully defended charges of paternity. Both asked for attorney fees in their answers and received them from the trial court. It is undisputed that both were entitled, as a substantive matter, to the awards. However, the state claims that the right to recover attorney fees was pleaded improperly, in that no statute providing a basis for such fees was alleged, as required by *426ORCP 68C(2). The…