Whittle v. Marion County District Court

This is a writ of review proceeding in which appellants appeal from a judgment that was entered in their favor but did not award them attorney fees. We remand for entry of an award of attorney fees.

Respondent filed an FED action against appellants in district court pursuant to ORS 105.105 et seq, seeking possession of rental property occupied by them. Appellants moved to dismiss and for summary judgment on the basis that they were in lawful possession of the premises under a rental agreement with respondent’s wife, a co-owner of the property. The district court denied the motions. After…