CIT GROUP/EQUIPMENT FINANCING, INC. v. Kendall

In this case, plaintiff prevailed after pleading its entitlement to recover attorney fees pursuant to a contract between the parties. The trial court entered a judgment in plaintiffs favor awarding costs and attorney fees pursuant to ORCP 68 C. Plaintiff filed its attorney fee statement within the time allowed in ORCP 68 C^Xa) 1 but failed to file proof that the fee statement had been served on defendant. It is undisputed that plaintiff did not, in fact, serve the fee statement on defendant in accordance with the provisions of ORCP 68 C(4). Defendant was not served with the fee statement for…