Evans v. Brentmar

Plaintiffs appeal from a judgment dismissing their claims and awarding damages, attorney fees, and costs to defendants on defendants’ counterclaim. ORS 19.245(2)(b). The judgment, based on plaintiffs’ default, was entered on June 1, 2000, “nunc pro tunc, as of April 8, 1998.” Plaintiffs contend that the court erred in denying their motion to set aside the default judgment against them, in awarding attorney fees, and in entering the judgment nunc pro tunc. We hold that the court erred in awarding attorney fees and costs, in directing that the judgment be entered “nunc pro tunc, as of April 8,…