U-Cart Concrete of Eugene, Inc. v. Farmers Insurance

This matter is before the court upon plaintiffs’ objections to defendants’ bill of costs and disbursements. The issue presented is whether, upon denial by this court of a petition for review, the respondent shall recover costs and disbursements as a prevailing party. We hold that there shall be no recovery.

In the trial court the defendants had summary judgment in this declaratory judgment proceeding, and the Court of Appeals affirmed. U-Cart Concrete v. Farmers Ins., 45 Or App 149, 607 P2d 791 (1980). Plaintiffs petitioned this court for review. Defendants, without any request by this court,…