Dimeo v. Gesik

This is the second time this case has been before us. In Dimeo v. Gesik, 164 Or App 567, 993 P2d 183 (1999), we reversed the trial court’s grant of summary judgment in favor of plaintiff Dimeo and against defendant Western Bank (the bank). On remand, plaintiff prevailed at trial, and the bank does not challenge that result. After trial, however, the trial court entered a supplemental judgment 1 awarding attorney fees to plaintiff under ORS 20.105(1) on the ground that the bank had asserted a counterclaim for which it had no objectively reasonable basis. 2 The bank appeals from that judgment,…