Akins v. Bucyrus-Erie Co.

In Akins v. Bucyrus-Erie Co., 115 Or App 222, 837 P2d 981, rev den 315 Or 271 (1992), we reversed a summary judgment for defendant and remanded for further proceedings. Plaintiff filed a statement of costs. ORS 20.320. Defendant objected, contending that a party who obtains a reversal of a summary judgment is not the “prevailing party” for purposes of an award of costs.

Under ORS 20.310, the prevailing party on appeal is entitled to recover costs and disbursements. Defendant argues that plaintiff is not the prevailing party because the trial court has not entered a final judgment. It relies on…