Gillespie v. Kononen

Plaintiffs filed an FED action for possession of an apartment. After a motion to dismiss was allowed, the court entered a document entitled “Order of Dismissal” that said:

“THEREFORE IT IS HEREBY ORDERED that the above-entitled action be dismissed.”

Defendant then petitioned for attorney fees, and the court entered an order denying attorney fees. Defendant appealed from the latter order.

After the briefs were filed, we issued this order:

“This appeal is taken from an order denying defendant’s request for an award of attorney fees in the trial court. Generally, an order denying an award of…