Wilkes v. Zurlinden

In this action on a construction contract, the issue is whether the trial court erred in designating defendants as the prevailing party under ORS 20.096 1 and awarding them attorney fees under the parties’ contract. After a trial in which it denied affirmative relief to both plaintiff 2 and defendants, the court designated only defendants as the prevailing party. The Court of Appeals reversed, holding that neither party was the prevailing party. Wilkes v. Zurlinden, 146 Or App 371, 932 P2d 584, vac’d and rent’d 325 Or 489, 940 P2d 518 (1997), on remand 152 Or App 130, 952 P2d 569 (1998). For…