Walker v. Grote

Plaintiff appeals the amount of attorney fees awarded to him. The issue is whether a trial court has the authority, under ORCP 68C, to award attorney fees in an amount less than that requested in the absence of a timely objection to the fee request.

Plaintiff prevailed in an action against Grote (defendant) for breach of warranty. Plaintiff then submitted a timely petition for attorney fees in the amount of $6,555.36. Defendant did not object to the petition within the time allowed. ORCP 68C(4)(b). The trial court awarded fees in the amount of $3,000, and plaintiff moved for reconsideration,…