Barber v. Schenk

Plaintiffs petition for attorney fees, and defendant cross moves for sanctions, following our affirmance of a judgment for plaintiffs in a forcible entry and detainer (FED) action. Barber v. Schenk, 139 Or App 600, 913 P2d 347 (1996). Plaintiffs contend that, under ORS 90.255, they are entitled to fees reasonably incurred in response to defendant’s unsuccessful appeal. Defendant, in turn, asserts that plaintiffs’ entitlement to fees is “sham” and so frivolous as to warrant sanctions under ORAP 1.40(3).1 We deny both plaintiffs’ petition for attorney fees and defendant’s motion for sanctions.

Be…