Crandon Capital Partners Ex Rel. Willamette Industries v. Shelk

Plaintiffs appeal the trial court’s judgment denying attorney fees in this corporate derivative suit. Defendant 1 raises several cross-assignments of error, arguing, in part, that, because the merits of the underlying dispute had become moot before the trial court addressed plaintiffs’ asserted entitlement to fees, the trial court lacked jurisdiction to enter any judgment other than a judgment of dismissal. We agree with defendant. See Kay v. David Douglas Sch. Dist. No. 40, 303 Or 574, 738 P2d 1389 (1987), cert den, 484 US 1032 (1988). Accordingly, we vacate the trial court’s judgment and…