Barnes v. Bob Godfrey Pontiac, Inc.

In their petition for reconsideration, plaintiffs contend that we erred in reversing that part of the trial court judgment awarding attorney’s fees to them.

In the briefs filed in the original appeal to this court, the defendant (appellant) assigned error to the trial court’s awarding attorney’s fees to plaintiffs under ORS 20.080 because the amount pleaded in plaintiffs’ original complaint exceeded the sum of $1,000. Plaintiffs’ argument in opposition consisted of one paragraph contending that the case went to trial on plaintiffs’ amended complaint which clearly prayed for damages of less…