State Ex Rel. Adult & Family Services Division v. Fulop

This is a filiation proceeding. After a three-day trial, the jury found that the defendant was not the father of the child. The trial court awarded the defendant attorney fees under ORS 109.155(4). 1

The plaintiff, State of Oregon ex rel Adult and Family Services Division, appealed to the Court of Appeals assigning as the sole error that the trial court was wrong in awarding the defendant attorney fees “where his pleading asserted neither the facts, statute nor rule that provides a basis for the award.”

The plaintiff relies on ORCP 68C.(2):

“A party seeking attorney fees shall assert the right…