State ex rel. Town Concrete Pipe, Inc. v. Andersen

Plaintiff prevailed in an action against the surety on a statutory construction bond. Pursuant to OBS 743.114 we held that plaintiff was entitled to attorney fees for services in this court.

Our decision was handed down on February first. Within 20 days plaintiff filed a statement of costs and disbursements which did not list any attorney fees. On April seventh plaintiff filed a petition for allowance of attorney fees. The defendants objected upon the ground, among others, that it was not timely filed.

The time to petition for an award of attorney fees in the Oregon appellate courts has not…