State Department of Human Resources v. Strasser

*363WARDEN, P. J.

Appellant prevailed in this filiation proceeding when the jury found that he was not the father of the child in question. He appeals the trial court’s refusal to award him attorney fees on the ground that he had failed to plead “the facts, statute, or rule” pursuant to ORCP 68C(2) to support an award of attorney fees.

The state’s petition alleged that appellant is the father of the child and included a prayer for attorney fees pursuant to ORS 109.155(4). In his answer, he denied the allegations and asked for “reasonable attorney fees” but failed to cite any basis for an award.…